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.

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