The applicant sought a declaration that a laneway crossing his property was a private road and an injunction to prevent the respondent municipality from interfering with his use of it.
The municipality argued the road was a public highway and that the applicant was barred from relitigating the issue due to a prior Small Claims Court decision dismissing his trespass claim.
The Superior Court of Justice held that issue estoppel applied, barring the application.
In the alternative, the court found that the road had become a public highway through historical dedication and acceptance by public use and municipal maintenance.
The application was dismissed.
