Can a municipality pass a by-law to open and maintain a temporary road?

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.