Top court hears truck stop case against Ont. government
Truck stop says Highway 417 extension hurt its business, Ont. government appealing decision
CBC News
Posted: Nov 15, 2012 7:13 AM ET
Last Updated: Nov 15, 2012 7:12 AM ET
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The Antrim Truck Stop now sits away from the highway after the government extended Highway 417. (Google Streetview)The Supreme Court of Canada has reserved judgment in a case where the Antrim Truck Stop is seeking compensation from the Ontario government.
The appeal, heard Wednesday by Chief Justice Beverley McLachlin, as the government is appealing a decision by the Ontario Municipal Board that awarded damages to the truck stop after it claimed the Highway 417 extension west hurt its business.
The truck stop, now located on White Lake Road in Arnprior, used to be at the highway's roadside where Hwy. 417 becomes Highway 17.
It was forced to move its business back from the road and it said that move cost the business a lot of money.
Antrim first claimed "business damages" at the OMB, including the costs of relocating the truck stop after the highway extended.
It was awarded money for injurious affection, which is part of Ontario's Expropriations Act where a business is awarded damages if construction affects them financially.
The Ontario Superior Court of Appeal allowed the province’s appeal, as the government believes the highway extension served the public and leaving the Antrim Truck Stop near the road would interfere with the project.
The Supreme Court often reserves judgment to allow the judges to write reasons for a decision. The decision does not have to be unanimous and a majority can decide.
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