Common law doctrine of dedication and acceptance

Sioux Lookout (Municipality) v. Canada (Attorney General), 2010 ONCA 867 deals, in part, with how private land becomes a public road. There are similarities with the doctrine of adverse possession.

The Court writes:

[26]          The common law doctrine of dedication and acceptance is a mechanism by which a passage over private land becomes a public highway and title is transferred from the owner to a municipality: see W.D. (Rusty) Russell, Russell on Roads, 2d ed. (Toronto: Thomson, 2008) at pp. 79-98.  The requirements were set out in Skerryvore Ratepayers' Assn. v. Shawanaga Indian Band (1993), 16 O.R. (3d) 390 at p. 397 (C.A.), leave to appeal denied, [1994] S.C.C.A. No. 63:

At common law, to establish that a road has been dedicated to public use in perpetuity, the party advancing the claim must demonstrate:

(a)  an intention on the part of the owner to dedicate; and

(b)  acceptance by the public of the road as a highway.

[27]          This court in Broslaw v. North York (City) (1997), 35 O.R. (3d) 458 at p. 463 (C.A.) adopted the statement from Tait v. McKellar (Township), [1951] O.R. 226 at p. 239 (C.A.):  "The question whether land has been dedicated by the owner thereof for use as a public highway is one of fact, and dedication must not be too readily presumed".  Unobstructed use by the public over a substantial period of time is evidence from which an intention to dedicate may be inferred: O'Neil v. Harper (1913), 28 O.L.R. 635 at p. 644 (C.A.); Broslaw at p. 463; Reed v. Lincoln (Town) (1975), 6 O.R. (2d) 391 at p. 396 (C.A.).