By Majid Pourostad ( August 13, 2021, 1:10 PM EDT) -- After the Second World War, one of the factors which affected private law was the rules and the statutes that restricted the rights of real property owners. The 1947 case of Dwyer v. Staunton, [1947] 4 DLR 393, demonstrated the conflict between an individual’s rights and public rights. According to this case, the defence of public necessity is available to travellers who are forced to cross adjoining land when the highway is blocked by the snow. While expressing their sympathy and respect with the plaintiff’s private property rights, the judge attached more importance to “the rights of the public” as higher rights and or even the highest law....