Can a municipality pass a by-law to open and maintain a temporary road?
Northwest Territories, Canada
The following excerpt is from Irecan Ltd. v. Yellowknife (City), 1988 CanLII 5707 (NWT SC):
In the Blomfield case, the legislation was couched in terms which spoke of the municipal council having "power to pass by-laws" to open and maintain temporary roads; but it was held that a by-law was not required where the landowner made no objection, although it would have been necessary in order to compel his compliance with the opening of a road on his property. Once again, reliance was placed on the decision in Bernardin v. North Dufferin.
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