The court considered whether a strip of land (the "0020 property") between the applicant's two properties was a public highway that should vest in the Town of Essex under the Municipal Act, 2001.
The applicant argued the land was a roadway on a registered plan of subdivision and should be owned by the Town.
The court found that the land was never dedicated or accepted as a public highway, was not used by the public, and was instead used by the respondent golf course for irrigation.
The application was dismissed and ownership confirmed in the respondent.
