Western Law

Neyers Speaks on Injurious Affection

Professor Neyers Speaks on Injurious Affection

On October 4, 2012, Professor Jason Neyers was the keynote speaker at the Ontario Expropriation Association London 2012 Reception held at The London Club. The title of the talk was "Antrim Truck Centre and Injurious Affection when No Lands are Taken." The thesis of the address was that courts, especially the Ontario Court of Appeal in Antrim Truck Centre Ltd v Ontario (Transportation), have routinely confused and intermixed private and public nuisance when examining claims of injurious affection and that this has resulted in the case law becoming very muddled and plaintiffs being denied appropriate compensation. The talk was attended by planners, valuators, surveyors and lawyers from both the ranks of government and the private sector. The talk was followed by a spirited question and answer period, where the result in Antrim Truck Centre was compared to the Supreme Court of Canada's jurisprudence in R v Loiselle and St Pierre v Ontario (Minister of Transportation and Communications).