Facts:
The Province of British Columbia sued Curtis Querin and Deanne Querin, claiming a road on their property was a public highway under section 42(1) of the Transportation Act. The road ran along the northern boundary of the Querins' land.

Legal Issues:
The primary legal issue was whether the road met the criteria for a public highway under the Transportation Act. The court had to determine if there was sufficient public use and expenditure to classify it as such. The defendants argued the road was private property, while the Province asserted it was public.

Judgment on the Road's Status:
On November 15, 2023, the court ruled the road was a public highway. It noted the case was marginal, hinging on the precedent set by Campbell v. Thomson. The court limited the public highway designation to the actual traveled surface, not the broader area sought by the Province.

Costs and Settlement Offers:
The Province requested its legal costs, citing three settlement offers that the Querins rejected. The offers included payments ranging from $5,000 to an independently appraised value plus $25,000 towards legal costs. Despite these offers, the court decided that both parties should bear their own costs. The court acknowledged that the Querins' decision to defend the claim was not unreasonable, even though the Province was largely successful.

No monetary award was granted in favor of either party.