Antrim Truck Centre Ltd. v. Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Transportation (November 14, 2012)
Case # 34413
At issue is whether a business owner can claim compensation for costs incurred following new highway opening. The appellant owner took the position that a new highway severely impeded the road access to its truck stop. The appellant owner claimed that the new highway substantially interfered with its use and enjoyment of its property. The appellant applied to the Ontario Municipal Board for compensation for business damages after a new highway impeded road access to its truck stop. The Ontario Municipal Board awarded the appellant damages for injurious affection. The Ontario Minister of Transportation appealed the order to the Divisional Court, which upheld the board’s decision.