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The court dismissed a land access claim, finding the disputed road remained private and that the Crown was not negligent in approving the 1960 subdivision.
The court held that the term 'vehicle' in s.13(1) of the Highway 407 Act includes a trailer and that 'operation' encompasses towing such that 407 ETR is statutorily entitled to charge tolls to trailer owners; the accounting ordered by the application judge was set aside on equitable grounds (delay and availability of statutory dispute procedures); appeal allowed and costs awarded to 407 ETR.
Source excerpt
The Court of Appeal held that the disputed L-shaped land was conveyed under the Crown grant, subject to a road allowance reserved to the Crown, and dismissed the appeal.
The Supreme Court of Canada set out the standards of appellate review, holding that factual findings and negligence findings are reviewed for palpable and overriding error.
The court held Parcel A was not excluded from the Crown grant, was not dedicated as a road, and did not become a public highway under the Highway Act.
The court held that Larkin Cross Road was a public highway and granted the Township’s declarations, dismissing Dunromin’s claim.
The Supreme Court of Canada held that British Columbia could be liable for an independent contractor’s negligent highway maintenance because the duty was non-delegable.
The Supreme Court of Canada dismissed a negligence claim arising from a bicycle accident caused by a pothole, holding the municipality’s inspection policy was a discretionary planning matter.
The Supreme Court of Canada held that highway workers could be liable for negligence after operating machinery within a protected gap near a mink farm, causing loss of mink.
The Supreme Court of Canada held that the respondent failed to yield the right of way under The Highway Act and dismissed his collision claim.
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