The appellant municipality discovered an 1854 by-law purporting to establish a public road along the shoreline of Georgian Bay.
It registered the by-law in 2007 and sought a declaration that the road was a public highway owned by the municipality.
The respondents, who own cottage properties on the purported road, successfully moved for summary judgment dismissing the action.
The Court of Appeal upheld the dismissal, finding that summary judgment was appropriate, the 1854 by-law lacked sufficient certainty to establish a road, and the unregistered by-law was void against the respondents who had no actual notice of it.
