Antrim Truck Centre Ltd. v. Ontario (Transportation)

2013 SCC 13 (7 March 2013)

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Antrim Truck Centre Ltd. v. Ontario (Transportation)

Canada Supreme Court
2013 SCC 13 (7 March 2013)

Facts

Antrim Truck Centre Ltd. (Antrim) (plaintiff) operated a truck stop on Highway 17 in Ontario. Ontario’s Ministry of Transportation (Ontario) (defendant) embarked on a project to add a new section to Highway 417. Antrim expressed concern to Ontario about the impact of the new-highway-section construction on Antrim’s truck stop. Regardless, Ontario continued with the 417 project in a way that substantially altered Highway 17 and severely restricted access to Antrim’s truck stop. Antrim brought a claim against Ontario before the Ontario Municipal Board (the board) under the Expropriations Act, claiming that the highway change ruined Antrim’s business, and Antrim’s property was substantially devalued. The board agreed and awarded Antrim damages. Ontario appealed to the divisional court, which affirmed the board’s decision. Ontario appealed to the court of appeal, which reversed the board’s decision as an unreasonable application of the law of private nuisance. Antrim appealed to the Canada Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Cromwell, J.)

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