Furthermore, the respondents argue that until 1922 when the Limitations Act exempted road allowances and vacant Crown land from claims of ownership by adverse possession, no distinction was made between road allowances and other municipal lands such as a “pleasure-spot and park for the public”, to quote Middleton J. in Batt v. Beaverton (Village), [1923] O.J. No. 98. There was until 1922 no great concern with that kind of distinction other than to protect public areas as roads.
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