Can a Minister of Transportation be held liable for damages caused by the construction of a highway on neighbouring land?

Nova Scotia, Canada


The following excerpt is from Partridge (Re), 2019 NSUARB 108 (CanLII):

In St. Pierre v. Ontario (Minister of Transportation), 1987 CanLII 60 (SCC), [1987] 1 S.C.R. 906, at p. 916, McIntyre J., stated: Moreover, I am unable to say that there is anything unreasonable in the Minister's use of the land. The Minister is authorized‑‑indeed he is charged with the duty‑‑to construct highways. All highway construction will cause disruption. Sometimes it will damage property, sometimes it will enhance its value. To fix the Minister with liability for damages to every landowner whose property interest is damaged, by reason only of the construction of a highway on neighbouring lands, would place an intolerable burden on the public purse. Highways are necessary: they cause disruption. In the balancing process inherent in the law of nuisance, their utility for the public good far outweighs the disruption and injury which is visited upon some adjoining lands. The law of nuisance will not extend to allow for compensation in this case.

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