What is the effect of a finding that the Road is an access road?
Ontario, Canada
The following excerpt is from 992275 Ontario Inc. v. Krawczyk, 2006 CanLII 13955 (ON CA):
In addition, we reject the appellants’ argument, premised on Whitmell v. Ritchie, [2003] O.T.C. 413 (S.C.J.), that the trial judge’s finding that the Road is an access road should affect our conclusion concerning whether the condition in s. 3(1)(b) of the Act was satisfied. In our view, the trial judge’s finding that the Road is an access road does not give persons whose property is served by the Road a legal right to use it within the meaning of s. 3(1)(b).
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