It may very well be that whole sections of this lane no longer look like a lane. However, the case law establishes that the rights of the public to a public road cannot be lost by adverse possession over the prescription period or by acquiescence or estoppel. This principle was illustrated in the case of Gardiner v. Canada Trust Co. The applicant in that case had been using the lane in question as a driveway since at least 1977 (12 years). Further, in the immediate neighbourhood other parts of the lane were assumed by contiguous property owners who had placed fences across the land in question. In addition, the evidence was that the City had not assumed this lane by by-law or by expending any public money thereon. There was no evidence that any members of the public had used the land.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.