Does an order prohibiting a property’s owner from asking users who they are and where they are going effectively transform an easement route into a public road?
Ontario, Canada
The following excerpt is from Przewieda v Caughlin, 2015 ONSC 3770 (CanLII):
Moreover, as the court observed in Gardiner v. Robinson, supra, at paragraphs 20-21, an order prohibiting a property’s owner from even asking users who they are and where they are going effectively would transform an easement route into something “virtually indistinguishable from a public road, something which it manifestly is not”.
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