What is the test for establishing a public highway?
British Columbia, Canada
The following excerpt is from British Columbia v. Hilyn Holdings Ltd., 1989 CanLII 5270 (BC SC):
In Bailey v. City of Victoria (1920), 1920 CanLII 367 (SCC), 54 D.L.R. 50, 60 S.C.R. 38, [1920] 1 W.W.R. 917, Duff J. stated at pp. 60-1: The substantive question for decision is that to which the Judges in British Columbia evidently devoted their attention, namely whether in the locus in question a public highway has been established by dedication. For this purpose two concurrent conditions must be satisfied, 1st, there must be on the part of the owner the actual intention to dedicate (Folkestone v. Brockman, [1914] A.C. 338), and 2nd, it must appear that the intention was carried out by the way being thrown open to the public and that the way has been accepted by the public.
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