What is the test for establishing right-of-way for pedestrians over a sidewalk?

With respect, however, these words must be understood in the context. Henderson v. Volk involved pedestrian use of property between two residences. Cory J.A. explained that the distinction between vehicular and pedestrian traffic was significant. He said at paras. 18-19: The evidence required to establish title by prescription will vary with the nature of the user. The use of a passageway by noisy delivery trucks would be hard to hide. The use of a lane for passage by tractor trailer rigs with motors roaring and air brakes hissing would be difficult to disguise. In those instances the owner of the servient tenement can readily be taken to know of the user of his property. If he makes no objection then his acquiescence to the use can readily be inferred. It is different when a party seeks to establish a right-of- way for pedestrians over a sidewalk. In those circumstances the user sought to be established may not even be known to the owner of the servient tenement. In addition, the neighbourly acquiescence to its use during inclement weather or in times of emergency such as a last minute attempt to catch a bus, should not too readily be accepted as evidence of submission to the use.