What is the legal test for establishing an access road?

Ontario, Canada


The following excerpt is from 2008795 Ontario Inc. v. Kilpatrick, 2006 CanLII 2182 (ON SC):

If it is found that the four requirements of an “access road” are met, and that the access road originated or continued for a significant time by permission or acquiescence, there is another statutory hurdle which must be cleared. That is, proof that closure of the access road prevents all motor vehicle access to the claimant’s parcel or parcels of land. In other words, closure must be shown to cause the parcel of land of the access claimant to be landlocked. Ebare v. Winter, supra. It is this final part of the threshold test on which the parties in this case actively join issue.

Other Questions


What is the test for determining whether a historical access road is an access road? (Ontario, Canada)
Can access to access roads constitute a legal right? (Ontario, Canada)
What is the effect of a finding that the Road is an access road? (Ontario, Canada)
Is supervised access appropriate in high conflict custody and access cases? (Ontario, Canada)
What is the test for supervised access in a custody and access case? (Ontario, Canada)
What is the legal test for establishing reasonable grounds under an arrest warrant? (Ontario, Canada)
Is supervised access a long-term solution to access problems? (Ontario, Canada)
Is there an alternative road access by use of an all terrain vehicle? (Ontario, Canada)
Can a judge refuse to close an access road even if one of the conditions is satisfied? (Ontario, Canada)
Is there alternative road access to the applicants’ land? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.