Expropriation and Injurious Affection

Most people have heard of expropriation — the taking of private property by government — and know that the land’s owners are entitled to compensation. And if your land is being expropriated or threatened with expropriation, you likely know consulting a lawyer is a good first step.

When no expropriation occurs yet your land or your enjoyment of it is affected by a government’s action, there’s also a legal right to compensation, known as “injurious affection.”

Douglas Adams is the nation’s foremost expert in the area of injurious affection, and is ready to apply his expertise to your case. He will clearly assess the circumstances of your case, detailing your options and giving his considered opinion of their merits.

Let Doug guide you through the complexities of fighting for your rights when you’re facing expropriation or when your property has been affected by a government’s actions.

Call 613.238.8076 to talk to Doug directly about any matter affecting your land or property, or contact him by email.

Experience. There’s no substitute.

The Antrim Truck Stop Case

After 25 years of building his Trans-Canada Highway truck stop into a business that employed 100 people and generated revenues of $15 million a year, Jack Cameron found himself essentially out of business overnight. The province had rerouted Highway 17 when it rebuilt it as four lanes in 2004, and the new road, Highway 417, no longer passed his property just east of Arnprior. The truckers stopped coming.

Mr. Cameron wasn’t going to let the province roll right over him, and he, with Douglas Adams as his lawyer, brought a claim before the Ontario Municipal Board. Doug successfully argued that Mr. Cameron had suffered “injurious affection,” a legal term meaning Mr. Cameron’s enjoyment of his property – including his ability to make his living from it — had been negatively affected by the province’s move. Mr. Cameron was awarded $393,000 in compensation.

The Ministry of Transportation appealed the decision to the Ontario Divisional Court, where Doug again argued the case successfully and the decision was upheld. The province then took the case to the Ontario Court of Appeal, where it was overturned. The appeals court ruled the compensation was “unreasonable” given the public interest in the construction of a safer highway – and set the stage for an appeal to the Supreme Court.

In May 2013, the Supreme Court of Canada unanimously overturned the Ontario Court of Appeal ruling, and reinstated the original Ontario Municipal Board ruling that Doug had argued successfully five years before.

In hearing the case, the Supreme Court agreed that clarifying what the law says about a government’s actions – even when taken for the common good – and their effect on private property owners was in the interest of all Canadians. In its decision, the Supreme Court confirmed that the “little guy” needn’t suffer the consequences for projects that are a benefit to us all without compensation.

Doug’s involvement with the Antrim Truck Stop case and others like it, has made him the foremost expert in “injurious affection” in the country.

If you have or think you might have a case that involves expropriation or injurious affection, call 613.238.8076

Newspaper articles, other media, and Supporting Links:

Title: High court victory awards $400Gs to Antrim Truck Stop
Link:  http://www.ottawasun.com/2013/03/07/high-court-victory-awards-400gs-to-antrim-truck-stop
Date:  Thursday, Mar. 07 2013,
Reporter:  Doug Hempstead
Description:  Ottawa Sun’s reporting on the Supreme Court overturning the decision of the Court of Appeal and siding with Antrim Truck Centre.

Title:  Supreme Court sides with truck stop in key expropriation case
Link:  http://www.theglobeandmail.com/report-on-business/industry-news/the-law-page/supreme-court-sides-with-truck-stop-in-key-expropriation-case/article9448025
Date:  Thursday, Mar. 07 2013,
Reporter:  Jeff Gray
Description:  The Globe and Mail’s reporting on the Supreme Court overturning the decision of the Court of Appeal and siding with Antrim Truck Centre.

Title:  SCC awards truck stop damages in highway expansion case
Link: http://www.canadianlawyermag.com/legalfeeds/1371/scc-awards-truck-stop-damages-in-highway-expansion-case.html
Date: Tuesday, 19 March 2013
Reporter: Jennifer Brown
Description:  Canadian Lawyers and Law Times Blog reports that Canada’s top court awards Antrim Truck Centre Injurious Affection damages.

Title:  Supreme Court Judgments
Link:  https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/12887/index.do
Date:  March 7, 2013
Reporter: Lexum
Description: Antrim Truck Centre – Judgment

Other references:

Title:  Ontario Municipal Board
Link:  https://www.omb.gov.on.ca/english/eDecisions/eDecisions.html
Date:  March 7, 2013
Reporter: Lexum
Description: Ontario Municipal Board’s Decisions

Title: Globe 24H CaseLaw
Link: http://caselaw.canada.globe24h.com/0/0/ontario/divisional-court/2010/01/14/antrim-truck-centre-ltd-v-hmq-in-right-of-ontario-as-represented-by-the-minister-of-transportation-2010-onsc-304.shtml
Description: Antrim Truck Centre Decision

Title: Antrim Truck Centre v Ontario (Transportation) The Court
Link: http://www.thecourt.ca/2013/08/08/antrim-truck-centre-v-ontario-transportation-and-the-ethos-of-de-facto-expropriation/
Date: August 8th, 2013
Reporter: Anthony Sangiuliano
Description: The Court reporting about The Ethos of De Facto Expropriation