The applicant brought an application under the Road Access Act to close an access road to the respondents, proposing to erect gates that would allow other property owners access while excluding the respondents.
The court found that the applicant failed to demonstrate that closure was reasonably necessary to prevent substantial damage or injury to his property interests.
Furthermore, the court held that public interest considerations, including emergency and utility access, weighed in favour of keeping the road open.
The application was dismissed.
