03/07/2013 04:21 EST | Updated 05/07/2013 05:12 EDT

SCC backs award to truck-stop forced to move for highway

An eastern Ontario truck stop has won a Supreme Court of Canada appeal after the opening of a new section of highway in 2004 hurt its business.

The Antrim Truck Stop, now on White Lake Road in Arnprior, Ont., has been in operation since 1978 and used to be at the roadside where Highway 417 becomes Highway 17.

It was forced in 2004 to move its business back from the road, and claimed the move cost it a lot of money.

Antrim first claimed business damages at the Ontario Municipal Board, including the costs of relocating the truck stop after the highway was extended.

It was awarded just under $393,000 for injurious affection, part of Ontario's Expropriations Act, in which a business is awarded damages if construction affects them financially.

The Ontario Superior Court of Appeal allowed the province’s appeal, after the government argued the highway extension served the public and that leaving the Antrim Truck Stop near the road would have interfered with the project.

On Thursday, the Supreme Court of Canada ruled the Court of Appeal should not have set aside the OMB's decision and restored that decision's reward, as well as awarding appeal costs.