The appellants appealed a trial judgment declaring a road passing through the respondents' property to be an access road under the Road Access Act, but restricting its use and denying costs.
The respondents cross-appealed the declaration and the denial of their request to close the road.
The Court of Appeal upheld the finding that the road was an access road but found no statutory basis for restricting its use to specific parties or purposes.
The Court also found the trial judge erred by failing to determine whether parties entitled to notice had a legal right to use the road before denying the closure request under s. 3(1)(b).
The appeal and cross-appeal were allowed in part, and a new trial was ordered regarding the road closure and stayed damage claims.
