The applicants, owners of abutting properties, brought a summary judgment motion seeking a declaration that a trail known as Neva Road East is their lawful property and that a municipal by-law granting ownership to the respondent township is invalid.
The township argued the trail is a municipal road established through historical dedication and acceptance.
The court dismissed the motion, finding that material facts regarding actual notice, historical use, and representations made to the applicants were in dispute and could not be resolved on a summary basis.
