Where no land is actually taken from landowners, when is a
public authority liable to pay compensation for the construction of
public works? In Antrim Truck Centre Ltd. v. Ontario (Minister
of Transportation), a decision released on March 7, 2013, the
Supreme Court of Canada has established guidelines in balancing the
interests of public authorities and private landowners.
Key Facts
Antrim Truck Centre ("Antrim") owned
property on Highway 17 just west of Ottawa in the village of Antrim
from 1978 to 2004. Until 2004 Highway 17 was the main east-west
highway travelling to and from Ottawa and was part of the
Trans-Canada highway. It was a two-lane highway and the Antrim
property had direct access on to the roadway in both directions.
Antrim ran a "truck-stop" business at that location, with
gas and diesel pumps, a restaurant, bakery, gift shop and a truck
sales, leasing and service centre.
