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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