What is the test for establishing that a road is not a highway?
British Columbia, Canada
The following excerpt is from Redan v. Saul & Ostrander, 2001 BCSC 448 (CanLII):
The defendant referred to Dechant v. TNL Equipment Ltd., [1998] B.C.J. No. 2219 (S.C.). This dealt with a road at a ski hill camp, referred to as the Camp Road. This road went to a series of trailers used by workers constructing a highway. The camp was occupied by 50 to 75 employees. The court found that the camp road was not designed or intended for use by the general public or that the public was invited or had access to the Camp Road. The court found that the road was only for the use of the persons resident in the trailers in the camp, and was not a highway.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for establishing a public highway? (British Columbia, Canada)
What is the legal test for establishing a public highway by dedication? (British Columbia, Canada)
What is the test for establishing that a road is a public highway? (British Columbia, Canada)
Is undue influence sufficient to establish that there is no force or coercion to establish undue influence? (British Columbia, Canada)
What is the test for establishing that identification evidence is sufficient to establish prima facie case? (British Columbia, Canada)
What is the test for establishing a presumption of prejudice in a civil case? (British Columbia, Canada)
What is the test for establishing that a breach of the standard of care was a factor in a motor vehicle accident? (British Columbia, Canada)
What is the test for establishing an implied easement and the terms to attach? (British Columbia, Canada)
Can a long-established and invariable practice of chiropractor practice be changed if the environment in which it exists changes? (British Columbia, Canada)
What is the test for establishing prejudice in a motion for damages against a defendant? (British Columbia, Canada)
