Is the Powder King road a highway but the Camp road is not?
British Columbia, Canada
The following excerpt is from Dechant v. T N L Equipment Ltd., 1998 CanLII 3622 (BC SC):
With this framework in mind I have concluded from all the evidence that the Powder King road is in fact a highway but the Camp road is not. I am of the view that the plaintiff has not discharged the evidentiary burden that lies upon it to establish that the Camp road is a highway and that therefore the right-of-way provisions found in the Motor Vehicle Act come into play. As such, the statutory presumption of right-of-way and the considerations contemplated in Walker v. Brownlee & Harmon are not appropriate to the particular facts of the case at bar.
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