Tim Horton's Antigonish

Compensation increased for Antigonish County Couple for Expropriation of Easement by Province for a Temporary Bridge

The Utility and Review Board has upgraded the province’s compensation for two Antigonish County land owners.

On October 3rd, 2011 the Nova Scotia government expropriated an easement over lands located at what is now known as 5 South Harbour Lane in Lower South River. Kevin Partridge and Jane DeWolfe own the property. Partridge operated a business, Roaming Restorations from the parcel of land.

Patridge and DeWolfe said the expropriation and construction of a temporary bridge caused major flood damage, the loss of their business, a reduction in the value of their remaining lands and various personal damages and costs, including professional fees.

In 2019, the UARB ruled the couple was entitled to compensation of $70,469.80. The Board said Partridge and DeWolfe failed to establish that the flooding was caused by the temporary bridge work. The Nova Scotia Court of Appeal disagreed and ordered the UARB to review the matter again to assess damages arising from the flooding events which the Board accepted had occurred post-bridge construction.

The UARB evaluated the matter and has now determined Patridge and DeWolfe are entitled to damages of $210,000 for the loss of their business and $153,722 for the loss in value of their home, plus interest.