How have courts considered the effect of tidal change on the location of a road as it crosses a beach to the shore of the Pacific Ocean?
Ontario, Canada
The following excerpt is from Bailey v. Barbour, 2013 ONSC 7397 (CanLII):
In Campbell v. Thomson, [1989] B.C.J. No. 1374 (B.C.S.C.) the terminus of a road as it crossed a beach to the shore of the Pacific Ocean shifted with wave action and tidal flow, changing the configuration of the beach. It was noted that the road end at tidal water varied from month to month or year to year, which the trial judge referred to as “the transient nature of the route where it touches upon tidewater”. The route travelled as a public highway changed as the configuration of the beach changed. Nonetheless, the trial judge found that there was no interruption in the continuity of use required to establish a public highway.
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