Can access to access roads constitute a legal right?
Ontario, Canada
The following excerpt is from Whitmell v. Ritchie, 2009 CanLII 25150 (ON SCDC):
[54] In refusing leave to the appellants, Bolan J. in Whitmell v. Ritchie, [2003] O.T.C. 413 (S.C.J.) addresses rights acquired by court order but, at the last sentence of paragraph 6 which states, "It would create chaos for the thousands of cottagers in Ontario who have had continuous legal and lawful access over the roads in question", he appears to imply that use of access roads creates legal rights. The observation is obiter dicta, and it is that sentence only which is inconsistent with the holding in 992275.
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