The plaintiff sought an interlocutory injunction to restrain the defendants from blocking access to her driveway via a gravel roadway on the defendants' property.
The defendants argued the Road Access Act did not apply because an undeveloped right of way provided alternate access.
Applying the RJR-MacDonald test, the court found a serious issue to be tried regarding the application of the Road Access Act, irreparable harm to the 75-year-old plaintiff due to lack of emergency and service vehicle access, and that the balance of convenience favoured granting limited interim access.
The court ordered the defendants to remove obstructions and permitted the plaintiff restricted use of the roadway until January 2023 to allow for the construction of a new driveway on the right of way.
