Commentary

8 Evidence of highway

HIGHWAYS vol 18
| Commentary

8 Evidence of highway

| Commentary

8 Evidence of highway

The onus of proof that a way is a highway by reason of having been dedicated to the public is on the person alleging that the way is a highway1.

Hearsay evidence is admissible to prove by reputation matters of public interest and therefore to prove that a particular way is a highway2.

A conviction involving a decision that a way is a highway is admissible along with other facts as evidence of reputation on the question of the existence of the highway3.

A court or other tribunal, before determining whether a way has or has not been dedicated

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