The applicant purchased property for a retail store and sought access from a provincial highway.
The Ministry of Transportation denied the request for safety reasons, citing a policy preferring municipal road access when available.
The applicant sought judicial review, arguing the Ministry unlawfully fettered its discretion by strictly applying the policy.
The Divisional Court dismissed the application, finding the standard of review was reasonableness and that the Ministry had genuinely considered alternatives and expert evidence before reasonably concluding no safe highway access could be provided.
