The applicant sought a declaration that an access road to his property was a public road that the Township was obligated to maintain, and an order requiring its restoration.
The road had become impassable due to flooding caused by the Ministry of Transportation's removal of a culvert during highway reconstruction.
The court found the road was a public highway through historical dedication and acceptance.
The court held that the Ministry's actions caused the flooding, amounting to both injurious affection and de facto expropriation by landlocking the property.
The Ministry was ordered to restore the culverts and indemnify the Township for restoring the road, failing which the property would be deemed expropriated, allowing the applicant to seek compensation at the Ontario Land Tribunal.
