Cook's Road Maintenance Association v. Crowhill Estates, (2001) 140 O.A.C. 370 (CA)

• Judge: McMurtry, C.J.O., Borins and Feldman, JJ.A.
• Case Date: February 07, 2001
• Jurisdiction: Ontario
• Citations: (2001), 140 O.A.C. 370 (CA)

Cook's Road v. Crowhill Estates (2001), 140 O.A.C. 370 (CA)

MLB headnote and full text

Temp. Cite: [2001] O.A.C. TBEd. FE.035

The Cook's Road Maintenance Association on behalf of itself and all other owners of lands in Lots 9 and 10, Concession 1, Township of Marmora, County of Hastings, and Lots 8 and 9, Concession 1, Township of Belmont, County of Peterborough, obtaining access to their properties on the north shore of Crowe Lake by way of a road known as Cook's Road (plaintiffs/respondent) v. Crowhill Estates and the Attorney General of Ontario (defendant/appellant)

(C32081)

Indexed As: Cook's Road Maintenance Association v. Crowhill Estates

Ontario Court Appeal

McMurtry, C.J.O., Borins and Feldman, JJ.A.

February 7, 2001.

Summary:

The plaintiffs commenced an action for a declaration that a road which ran over the defendant's (Crowhill Estates') land was a public road.

The Ontario Court (General Division), in a decision reported 95 O.T.C. 331, allowed the action and declared that the road was a public road. The defendant appealed.

The Ontario Court of Appeal allowed the appeal.

Highways - Topic 14

General and definitions - Definitions - Public highway or road - Cook's Road passed over a large parcel of land owned by the defendant and used as trailer park - The plaintiff association (the cottagers), claimed that Cook's Road was a public road because the previous owner of the defendant's land had previously dedicated the road to the public - The road was the only vehicular access the cottagers had to their seasonal homes - The trial judge declared the road to be a public road - The defendant appealed - The Ontario Court of Appeal allowed the appeal, holding that the trial judge's declaration was neither sus­tainable on the evidence, nor by the legal principles that he purported to apply - The court reviewed the principles applicable in determining whether there had been dedi­cation of a road or whether dedication could be inferred - See paragraphs 1 to 48.

Highways - Topic 164

Establishment of highways and public rights of way - Dedication - What consti­tutes dedication - [See Highways - Topic 14 ].

Highways - Topic 175

Establishment of highways and public rights of way - Dedication - Implied dedi­cation - General - [See Highways - Topic 14 ].

Cases Noticed:

Macoomb v. Welland (Town) (1907), 13 O.L.R. 335 (C.A.), refd to. [para. 23].

Bailey v. Victoria (City) (1920), 60 S.C.R. 38, refd to. [para. 24].

Baldwin v. O'Brien (1917), 40 O.L.R. 24 (C.A.), refd to. [para. 25].

Reed v. Lincoln (Town) (1974), 6 O.R.(2d) 391 (C.A.), refd to. [para. 26].

Stoney v. Eastborne RDC (1926), 90 J.P. 57, revd. [1927] 1 Ch. 367 (C.A.), refd to. [para. 36].

Deluca v. Guiho (Paul) Trucking and Construction Ltd. (1984), 4 O.A.C. 7; 46 O.R. (2d) 634 (C.A.), refd to. [para. 43].

Whitmell v. Ritchie et al. (1994), 74 O.A.C. 317; 20 O.R.(3d) 424 (C.A.), refd to. [para. 43].

Stein Estate v. Ship Kathy K, [1976] 2 S.C.R. 802; 6 N.R. 359; 62 D.L.R.(3d) 1, refd to. [para. 47].

Equity Waste Management of Canada v. Halton Hills (Town) (1997), 103 O.A.C. 324; 35 O.R.(2d) 321 (C.A.), refd to. [para. 47].

Statutes Noticed:

Road Access Act, R.S.O. 1990, c. R-34, sect. 1(a), sect. 2(1) [para. 42].

Authors and Works Noticed:

Halsbury's Laws of England (4th Ed. 1981), vol. 21, pp. 46, 47, 48 [para. 22]; 53 [para. 12]; 55 [para. 32].

Hansard - see Ontario, Hansard, Legis­lative Debates.

Ontario, Hansard, Legislative Debates (July 1, 1978), p. 3015 [para. 41].

Counsel:

William E. Baker, for the appellant;

Robert J. Reynolds, for the respondent.

This appeal was heard on August 14 and 15, 2000, before McMurtry, C.J.O., Borins and Feldman, JJ.A., of the Ontario Court of Appeal. The following decision was released for the court by Borins, J.A., on February 7, 2001.