The appellant appealed a decision dismissing his application for an injunction to prevent the respondents from keeping a locked gate on a private road, and granting the respondents' cross-application to close the road under the Road Access Act.
The application judge found the appellant had alternate road access via a trail on Crown land using four-wheel-drive vehicles.
The Court of Appeal dismissed the appeal, holding that the application judge's finding of alternate access was supported by evidence.
The Court further held that once alternate access was established, the appellant had no standing to oppose the road-closing application.
The respondents' cross-appeal regarding a condition in the road-closing order was also dismissed.
