The plaintiffs sought declarations that a trail crossing several private properties constituted a public highway, or alternatively an access road protected under the Road Access Act.
The court examined historical evidence, municipal expenditures on maintenance, and longstanding public use to determine the legal status of the roadway.
It held that the road became a public highway through implied dedication and municipal acceptance, applying the principle of “once a highway, always a highway.” The court rejected the plaintiffs’ claim that the road had a 66‑foot width and instead determined the historical roadway width was 1.4 metres.
Barriers placed by neighbouring landowners preventing passage were ordered removed.
