Antrim: Supreme Court Gives Compensation For Nuisance When Highway Moved

The Supreme Court of Canada has restored compensation to the Antrim truck stop, which lost its coveted place on the edge of a major highway when the highway was moved. The Court held that the $393,000 loss in business loss and property value was too heavy to expect Antrim to shoulder alone, even though the movement of the highway was necessary for public safety. The decision may increase the cost of many infrastructure projects, private and public.

However, it does not change the absence of compensable nuisance when the only impact complained of is a loss of property value, as in Smith v. Inco and some wind turbine claims. Nor does it change the ruling in Susan Heyes, that everyone must put up with disruption due to temporary construction. As both of these decisions are referred to with approval, the Court must believe that the Antrim decision is consistent with them both.