Case name: |
Antrim Truck Centre Ltd. v. Ontario (Minister of Transportation) |
|
|
Jurisdiction: |
Canada - Ontario |
|
|
|
|
|
Parties: |
Name |
|
Appearing as |
|
Ontario (Minister of Transportation) |
|
Appellant |
|
Antrim Truck Centre Ltd. |
|
Respondent |
|
Before: |
Decision maker |
Designation |
|
Doherty, David H. |
J.A. |
|
Epstein, Gloria J. |
J.A. |
|
Watt, David |
J.A. |
|
Lawyers: |
Name |
|
Appearing for |
|
MacLarkey, William R. |
|
Appellant |
|
Marsello, Leonard F. |
|
Appellant |
|
Adams, Douglas Randall |
|
Respondent |
|
|
|
|
|
Decision: |
Appeal by the Province of Ontario from an award of compensation by the Ontario Municipal Board that was upheld on appeal to the Divisional Court. The Respondent owned land located adjacent to a public highway near Antrim, Ontario. The subject property was developed with a truck stop business. The highway was upgraded and relocated which led to a significant reduction in the volume of traffic passing by the truck stop. However access remained available to the subject property at all times. No land was taken from the Claimant. It was held that the Province was not liable to compensate for the losses claimed. The appeal was allowed and the action dismissed. |
|
|
|
|
|
Neutral citation: |
2011 ONCA 419 |
|
ExLaw citation: |
[2011] EXLAW 21 |
|
Parallel citations: |
(2011) 202 A.C.W.S. (3d) 310 |
|
(2011) 85 C.C.L.T. (3d) 51 |
|
2011 CarswellOnt 4064 |
|
(2011) 332 D.L.R. (4th) 641 |
|
(2011) 104 L.C.R. 1 |
|
(2011) 281 O.A.C. 150 |
|
[2011] O.J. No. 2451 |
|
(2011) 106 O.R. (3d) 81 |
|
(2011) 6 R.P.R. (5th) 1 |
|
|