Road Access Act to prevent unilateral blocking of all road access over private lands

Transportation - Highways and streets - Abutting owners

Property owner blocked road running through her property by which neighbour accessed her dock. Neighbour brought application for declaration under Road Access Act that subject road was “access road”. Application dismissed. Neighbour had vehicular access to her parcel from dedicated municipal road, therefore, disputed facts about what uses she made of disputed road were irrelevant. Act was designed to prevent unilateral blocking of all road access over private lands where road at issue was only way another landowner could access their land by motor vehicle. Neighbour's parcel was not landlocked nor did it become landlocked because access to disputed road was cut off. Since neighbour did not need access over disputed road to access her land, disputed road was not “access road” within meaning of Act. Only time rights or obligations arise under Act regarding docking facilities are where docking facility is only means of accessing another property, which was not case here.

Adey v. Caccamo (2019), 2019 CarswellOnt 8777, 2019 ONSC 3297, F.B. Fitzpatrick J. (Ont. S.C.J.).

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