The Court of Appeal for Ontario dismissed the appeal of three decisions arising from a single summary judgment motion regarding the status of a disputed portion of a road ("Road A") in the Township of Coleman.
The appellants sought a declaration that the road was a public, common, or access road to facilitate subdivision approval and claimed damages for alleged municipal misfeasance.
The court found no error in the motion judge’s use of partial summary judgment, nor in his findings that the road was neither a public nor common road.
The court also dismissed motions to admit fresh evidence and denied leave to appeal the costs order.
