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Appeal court dismisses damages claims from 104 twinning

The Nova Scotia Court of Appeal has upheld a decision by members of the Nova Scotia Utility and Review Board, dismissing four separate claims from local business owners who said they were negatively affected by the twinning of Hwy. 104 in Antigonish Co.

UARB hearings for claims by the owners of Dream Catcher’s Deli, Justamere Cafe, Down to Earth Art Gallery, and Pleasant Valley Nurseries were held in October.

They said the first phase of the Antigonish bypass project altered vehicle access to Antigonish, which led to decreased traffic volume and fewer customers.

Board members dismissed all four of the claims against the provincial government in February rulings.

The Court of Appeal ruled UARB members had applied the law correctly, that the business owners were not entitled to damages under the province’s Expropriation Act, in a decision released Wednesday.

  • Kelly MacMillan lives in Port Hawkesbury with her husband and son. She has been part of the team at 101.5 The Hawk for more than 25 years, sharing stories from around the region. You can join her weekdays from 10am until 2pm.

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8:04 pm, Apr 23, 2026
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