The appellant appealed the dismissal of his application for a declaration that a laneway on his property was private and not a public highway.
The municipality asserted the laneway was built on an existing public road to which it held title.
The Court of Appeal found no palpable and overriding error in the application judge's assessment of the survey and historical evidence, which established that the road had been dedicated and accepted as a public highway.
The appeal was dismissed.
