Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
34413
Antrim Truck Centre Ltd. v. Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Transportation
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-03-14 | Appeal closed | |
| 2013-03-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-03-08 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-03-07 |
Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for Ontario, Number C52101, 2011 ONCA 419, dated June 2, 2011, heard on November 14, 2012, is allowed. The order of the Court of Appeal is set aside. The order of the Ontario Municipal Board is restored. The appellant is awarded costs in the Court of Appeal in the amount of $20,000, inclusive of disbursements, and costs in this Court, including the application for leave to appeal, on a solicitor and client basis. Allowed, with costs |
|
| 2012-11-29 | Transcript received, (119 pages) | |
| 2012-11-14 | Judgment reserved OR rendered with reasons to follow | |
| 2012-11-14 | Intervener's condensed book, Submitted in Court (14 copies) | Metrolinx |
| 2012-11-14 | Intervener's condensed book, Submitted in Court (14 copies) | City of Toronto |
| 2012-11-14 | Intervener's condensed book, Submitted in Court (14 copies) | Attorney General of British Columbia |
| 2012-11-14 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Transportation |
| 2012-11-14 | Appellant's condensed book, Submitted in Court (14 copies) | Antrim Truck Centre Ltd. |
| 2012-11-14 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2012-11-14 |
Hearing of the appeal, 2012-11-14, CJ LeB F Abe Ro Cro Mo Ka Wa Judgment reserved |
|
| 2012-11-09 | Correspondence received from, 1 reserved seat requested | Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Transportation |
| 2012-11-02 | Correspondence received from, Robert Houston dated November 2, 2012. Re: Not seeking costs | Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Transportation |
| 2012-10-31 | Correspondence received from, 2 reserved seats requested | Metrolinx |
| 2012-10-29 | Notice of appearance, Kathryn Chalmers and Patrick Duffy will be present at the hearing. | Metrolinx |
| 2012-10-18 | Notice of appearance, Leonard Marsello, Malliha Wilson, Shona Compton and William MacLarkey will be present at the hearing. | Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Transportation |
| 2012-10-18 | Notice of appearance, Graham Rempe and Matthew Longo will be present at the hearing. | City of Toronto |
| 2012-10-18 | Notice of appearance, Jonathan Eades and Matthew Taylor will be present at the hearing. | Attorney General of British Columbia |
| 2012-10-10 |
Order by, Ro, FURTHER TO THE ORDER dated August 13, 2012, granting leave to intervene to the Attorney General of British Columbia, the City of Toronto and Metrolinx; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted, no order as to costs |
|
| 2012-10-09 | Intervener's book of authorities, Completed on: 2012-10-09 | City of Toronto |
| 2012-10-09 | Intervener's factum, Completed on: 2012-10-09 | City of Toronto |
| 2012-10-05 | Intervener's factum, Completed on: 2012-10-05 | Metrolinx |
| 2012-10-05 | Intervener's book of authorities, Completed on: 2012-10-05 | Attorney General of British Columbia |
| 2012-10-05 | Intervener's factum, Completed on: 2012-10-05 | Attorney General of British Columbia |
| 2012-08-13 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2012-08-13 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Attorney General of British Columbia, the City of Toronto and Metrolinx for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Attorney General of British Columbia, the City of Toronto and Metrolinx are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before October 9, 2012. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions Granted |
|
| 2012-08-13 | Submission of motion for leave to intervene, Ro | |
| 2012-07-27 | Correspondence received from, 2 reserved seats requested | Antrim Truck Centre Ltd. |
| 2012-07-27 | Notice of appearance, Shane Rayman and Greg Temelini will be present at the hearing. | Antrim Truck Centre Ltd. |
| 2012-07-24 | Notice of hearing sent to parties | |
| 2012-07-23 | Respondent's book of authorities, Completed on: 2012-07-23 | Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Transportation |
| 2012-07-23 | Respondent's record, Completed on: 2012-07-23 | Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Transportation |
| 2012-07-23 | Respondent's factum, Completed on: 2012-07-23 | Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Transportation |
| 2012-07-23 | Appeal perfected for hearing | |
| 2012-07-19 |
Appeal hearing scheduled, 2012-11-14, (previously scheduled Nov. 16) Judgment reserved |
|
| 2012-07-09 | Reply to the motion for leave to intervene, fax from Patrick Duffy dated July 9, Completed on: 2012-07-09 | Metrolinx |
| 2012-07-05 | Response to the motion for leave to intervene, email from Karen Collins dated July 5/12 (joint response to AGBC, City of Toronto and Metrolinx), Completed on: 2012-07-05 | Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Transportation |
| 2012-07-03 | Response to the motion for leave to intervene, (Letter Form), from Shane Rayman/Greg Temelini dated July 3/12 (of AGBC, City of Toronto and Metrolinx), Completed on: 2012-07-03 | Antrim Truck Centre Ltd. |
| 2012-06-27 | Correspondence received from, Henry Brown dated June 27, 2012. Re: Change of adress for the appellant | Antrim Truck Centre Ltd. |
| 2012-06-26 | Motion for leave to intervene, Completed on: 2012-06-26 | Metrolinx |
| 2012-06-22 | Motion for leave to intervene, Completed on: 2012-06-22 | City of Toronto |
| 2012-06-22 | Motion for leave to intervene, Completed on: 2012-06-22 | Attorney General of British Columbia |
| 2012-06-01 | Correspondence received from, Henry Brown dated May 31, 2012. Re: Changes to the cover page of the factum and book of authorities | Antrim Truck Centre Ltd. |
| 2012-05-28 | Appellant's book of authorities, (2 volumes), Completed on: 2012-05-28 | Antrim Truck Centre Ltd. |
| 2012-05-28 | Appellant's record, Completed on: 2012-05-28 | Antrim Truck Centre Ltd. |
| 2012-05-28 | Appellant's factum, Completed on: 2012-05-28 | Antrim Truck Centre Ltd. |
| 2012-03-12 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-03-05 | Notice of appeal, Completed on: 2012-03-05 | Antrim Truck Centre Ltd. |
| 2012-02-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-02-03 | Judgment on leave sent to the parties | |
| 2012-02-02 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C52101, 2011 ONCA 419, dated June 2, 2011, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2011-12-05 | All materials on application for leave submitted to the Judges, CJ Ro Mo | |
| 2011-10-13 | Applicant's reply to respondent's argument, Completed on: 2011-10-13 | Antrim Truck Centre Ltd. |
| 2011-10-03 | Respondent's response on the application for leave to appeal, Completed on: 2011-10-03 | Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Transportation |
| 2011-09-08 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2011-09-01 | Application for leave to appeal, C/A order missing (order rec'd September 16, 2011), Completed on: 2011-09-19 | Antrim Truck Centre Ltd. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Antrim Truck Centre Ltd. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Transportation | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
| City of Toronto | Intervener | Active |
| Metrolinx | Intervener | Active |
Counsel
Party: Antrim Truck Centre Ltd.
Counsel
Greg Temelini
250 Yonge Street, Suite 2200
P.O. Box 4
Toronto, Ontario
M5B 2L7
Telephone: (416) 597-5406
FAX: (416) 869-3411
Email: shane.rayman@rslawyers.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Transportation
Counsel
William R. MacLarkey
Malliha Wilson
Shona L. Compton
Crown Law Office-Civil Law
720 Bay Street, 8th floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4008
FAX: (416) 326-4181
Email: leonard.marsello@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of British Columbia
Counsel
Jonathan Eades
1301 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-8257
FAX: (604) 660-2636
Email: matthew.taylor@gov.bc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: City of Toronto
Counsel
Constance Y. Lanteigne
Matthew G. Longo
Station 1260, Metro Hall
55 John Street, 26th Floor
Toronto, Ontario
M5V 3C6
Telephone: (416) 392-2887
FAX: (416) 397-1765
Agent
50 O'Connor Street, Suite 1625
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: mchambers@macorlaw.com
Party: Metrolinx
Counsel
5300 Commerce Court West
199 Bay Street
Toronto, Ontario
M5L 1B9
Telephone: (416) 869-5544
FAX: (416) 947-0866
Email: kchalmers@stikeman.com
Agent
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0546
FAX: (613) 230-8877
Email: nmchaffie@stikeman.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Expropriation Injurious affection Compensation Appellant owner claiming compensation for business damages including costs incurred in relocating truck stop shortly after new highway opened Ontario Municipal Board awarding owner damages for injurious affection Divisional Court affirming Board’s decision Court of Appeal allowing appeal and dismissing cross-appeal Whether the Court of Appeal erred in overturning the decisions of the Board and the Divisional Court according to which the appellant had established an actionable claim at law, a necessary element to satisfy the test for injurious affection where no land is taken under the Expropriation Act Expropriations Act, R.S.O. 1990, c. E.26, ss. 1, 21.
The appellant owner took the position that a new highway severely impeded the road access to its truck stop and therefore substantially interfered with its use and enjoyment of its property. It applied to the Ontario Municipal Board for a determination of the compensation to which it was entitled from the respondent for injurious affection under the Expropriations Act. The appellant claimed compensation for “business damages” including the costs it incurred in relocating the truck stop shortly after the new highway opened. The Board awarded the appellant damages for injurious affection. The respondent appealed that order to the Divisional Court and the appellant cross-appealed the amount of the award. The Board’s decision was affirmed by the Divisional Court. The Court of Appeal allowed the respondent’s appeal and dismissed the cross-appeal.
Lower court rulings
Ontario Superior Court of Justice
84/09, 2010 ONSC 304
Appeal and cross-appeal from decision of the Ontario Municipal Board dismissed
Court of Appeal for Ontario
C52101, 2011 ONCA 419
Appeal allowed; cross-appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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