Summary

34413

Antrim Truck Centre Ltd. v. Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Transportation

(Ontario) (Civil) (By Leave)

Keywords

Expropriation.

Summary

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Expropriation Injurious affection Compensation Appellant owner claiming compensation for business damages including costs incurred in relocating truck stop shortly after new highway opened Ontario Municipal Board awarding owner damages for injurious affection Divisional Court affirming Board’s decision Court of Appeal allowing appeal and dismissing cross appeal Whether the Court of Appeal erred in overturning the decisions of the Board and the Divisional Court according to which the appellant had established an actionable claim at law, a necessary element to satisfy the test for injurious affection where no land is taken under the Expropriation Act Expropriations Act, R.S.O. 1990, c. E.26, ss. 1, 21.

The appellant owner took the position that a new highway severely impeded the road access to its truck stop and therefore substantially interfered with its use and enjoyment of its property. It applied to the Ontario Municipal Board for a determination of the compensation to which it was entitled from the respondent for injurious affection under the Expropriations Act. The appellant claimed compensation for “business damages” including the costs it incurred in relocating the truck stop shortly after the new highway opened. The Board awarded the appellant damages for injurious affection. The respondent appealed that order to the Divisional Court and the appellant cross appealed the amount of the award. The Board’s decision was affirmed by the Divisional Court. The Court of Appeal allowed the respondent’s appeal and dismissed the cross appeal.