What is the test to prove a claim for injurious affection without the taking of land?
Ontario, Canada
The following excerpt is from Antrim Truck Centre Ltd. v. Hmq In Right of Ontario, 2010 ONSC 304 (CanLII):
The OMB confirmed the correct test to prove a claim for injurious affection without the taking of land as found in St. Pierre v. Ontario (Minister of Transportation and Communications, 1987 CanLII 60 (SCC), [1987] 1 S.C.R. 906 at p. 909. The claimant must prove on a balance of probabilities that: Antrim’s Claim for Injurious Affection
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