Appeal from a declaration that a strip of land remained a public highway because a municipality had not complied with statutory requirements when confirming a road closing and later selling the land.
The court held the earlier by-law had effectively stopped up the highway and the later by-law merely corrected the description and confirmed that result, so s. 470(1) did not invalidate the road closing.
Although the municipality failed to comply with s. 487 when selling the stopped-up highway to the predecessor in title, the court had discretion to refuse declaratory relief and should have done so because of extensive delay.
The court further held that subsequent purchasers could rely on defences under the Limitations Act and the Land Titles Act.
The appeal was allowed and the underlying application dismissed.
