Claim for injurious affection dismissed as claimant failed to prove road construction caused business losses.
The claimant sought compensation for injurious affection under the Expropriations Act, alleging business losses caused by the respondent municipality's road construction projects.
The Tribunal found the claimant's financial evidence unreliable and preferred the respondent's expert evidence, which showed no causal link between the construction and the alleged revenue decline.
Applying the Antrim test for private nuisance, the Tribunal concluded the claimant failed to prove the construction caused a substantial and unreasonable interference or a disproportionate burden.
The claim was dismissed.
OLTOntario Land TribunalAug 24, 2023
