The Minister of Transportation appealed an Ontario Municipal Board decision awarding Antrim Truck Centre Ltd. $393,000 for injurious affection resulting from the construction of Highway 417, which bypassed Antrim's property and substantially interfered with its access.
Antrim cross-appealed, seeking over $7.6 million for relocation and construction costs.
The Divisional Court dismissed both the appeal and the cross-appeal, finding that the OMB reasonably concluded the highway construction caused a substantial interference amounting to an actionable nuisance, and correctly held that the Expropriations Act does not permit recovery of relocation costs where no land is expropriated.
