Highways, Parks And The Public Trust Doctrine (2007)

While the common law doctrine of dedication and acceptance is most well known as a means of creating public highways, Canadian courts have also applied it to the creation of other public spaces, including “playgrounds, greenbelts, [and] parks. This doctrine, which applies equally to private and government actors, has huge implications for understanding both private and public actions in relation to lands used by the public. Under the Doctrine, a private property owner's actions (or in some cases inaction) may result in the creation of legally enforceable public rights of use of lands for recreational or other public purposes. Similarly, the Doctrine provides an important tool in understanding the legal effect of government actions that set aside lands for public purposes--including, but not limited to, designations under parks and other protected spaces legislation.