The applicant sought a declaration that an 1890 municipal by-law established a public road across the respondents' properties to provide access to his landlocked parcel.
The court reviewed historical township minutes and found that while a road was contemplated and partially constructed, its exact location could not be determined with certainty.
The original survey was lost, and there was no modern record or visual evidence of the road's existence.
The application was dismissed due to the lack of certainty regarding the road's location.
