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ARTICLE · 25 MARCH 2013

British Columbia Expropriation Association - Case Law Update

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On 7 March 2013, the Supreme Court of Canada ("SCC") released its decision in Antrim Truck Centre Ltd. v. Ontario (Transportation), 2013 SCC 13, the first significant SCC decision regarding expropriation law in many years.

CanadaReal Estate and Construction
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Antrim Truck Centre Ltd. v. Ontario (Transportation) – Supreme Court of Canada

On 7 March 2013, the Supreme Court of Canada ("SCC") released its decision in Antrim Truck Centre Ltd. v. Ontario (Transportation), 2013 SCC 13, the first significant SCC decision regarding expropriation law in many years. At issue in the case was how courts should assess the interference with an owner's use and enjoyment of private land when the interference results from the construction of public works.

BACKGROUND

Antrim Truck Centre Ltd. ("Antrim") brought a claim for compensation against the Province of Ontario alleging that, even though the Province had not actually taken any of Antrim's land, the construction of a new section of provincial highway effectively put its truck stop, which was located along the old highway, out of business. The Ontario Municipal Board ("OMB") agreed with Antrim's position and awarded damages of almost $400,000 for business losses and the

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