Road closings approved for new highway interchange; public safety prioritized over private property convenience.
The Ministry of Transportation applied to the Ontario Land Tribunal for approval to close portions of six municipal roads to facilitate the replacement of an existing cloverleaf interchange at Highway 401 and Highway 4 with a new Parclo A-4 design.
The application was opposed by the owners of adjacent commercial properties, who argued that the closure and realignment of Burtwistle Lane would negatively impact their stormwater pond and potentially landlock their properties.
The Tribunal accepted the uncontroverted expert evidence of the Ministry's highway design engineer that the existing interchange was deficient and the proposed realignment would significantly improve driver safety.
Finding that public safety must prevail over the convenience of private property owners, the Tribunal approved the road closings.
OLTOntario Land TribunalNov 1, 2021