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[Back] DECISION DIGEST  
Record no. 1553
Case name: Antrim Truck Centre Ltd. v. Ontario (Minister of Transportation)
Date: 2009-01-09
Jurisdiction: Canada - Ontario
Court: Municipal Board
Release registry: [Subscribers only]
Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Antrim Truck Centre Ltd.   Claimant
  Ontario (Minister of Transportation)   Respondent
Before: Decision maker Designation
Jackson, N.C. Member
Lawyers: Name   Appearing for
  Adams, Douglas Randall   Claimant
  Foran, Sean G.   Respondent
  Lanteigne, Constance Yvonne   Respondent
Experts: Name Occupation Appearing for
  Fitzsimmons, Alexander Henry Appraiser Claimant
  Vasic, Bron Accountant Claimant
  Clarke, John Appraiser Respondent
  Forbes, James Accountant Respondent
  Pawliuk, Philip Engineer Respondent
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Application by the Claimant to the Ontario Municipal Board for an award of compensation pursuant to the Expropriations Act, R.S.O. 1990, c. E.26. The Claimant sought compensation for the cost to relocate its business. No expropriation took place. It was alleged that the Respondent was liable to compensate for injurious affection as the result of the re-configuration of a highway which affected the volume of traffic passing by the Claimant's business. It was held that the Respondent was liable and compensation was awarded in the amount of $393,000.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
  [2008] EXLAW 27 Ont. M.B. 2008-03-26
  [2008] EXLAW 28 Ont. M.B. 2008-08-29
  Later
  [2010] EXLAW 28 Ont. SCJ Div. 2010-01-14
  [2011] EXLAW 21 Ont. C.A. 2011-06-02
  [2012] EXLAW 20 S.C.C. 2012-02-02
  [2013] EXLAW 2 S.C.C. 2013-03-07
Neutral citation: N/A
ExLaw citation: [2009] EXLAW 22
Parallel citations: (2009) 96 L.C.R. 100
  [2009] O.M.B.D. 1
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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