Can a court compel a municipality to open a original road allowance and make it fit for being travelled upon as a public highway?
Saskatchewan, Canada
The following excerpt is from Baumann et al. v. Rural Municipality of Swift Current, 1978 CanLII 1860 (SK QB):
In the case of Hislop v. Township of McGillivray (1890), 1890 CanLII 3 (SCC), 17 S.C.R. 479 at pp. 489-90, Gwynne, J., stated: Hitherto no jurisdiction has ever been asserted by any court in that part of Canada now constituting the Province of Ontario to compel any one of the municipalities existing therein, at the suit of a private individual, to open an original road allowance, and to make it fit for being travelled upon as a public highway … This is as equally applicable to Saskatchewan as Ontario.
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