The appellants sought compensation for injurious affection after the respondent Minister acquired adjoining land and constructed a public highway.
No part of the appellants' land was taken, but they claimed damages for loss of prospect and privacy.
The Supreme Court of Canada held that to recover under the Expropriations Act, the damage must be actionable at common law.
The Court found that the loss of amenities, such as prospect and privacy, does not constitute an actionable nuisance, and the Minister's use of the land for a highway was not unreasonable.
The appeal was dismissed.
