What is the test for establishing that a road is a public highway?
British Columbia, Canada
The following excerpt is from Allen v 0990199 B.C. Ltd., 2018 BCSC 1465 (CanLII):
In Brady v. Zirnhelt, 1996 CanLII 2289 (B.C.S.C.), the trial judge rejected the plaintiffs’ argument that because guests and trades people had used a road, it had become a public highway by common law dedication. Mr. Justice Lamperson held:
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