Compton v. Hurley

Any trespass was excused by necessity and the claimant failed to establish proven damages or reliable valuation evidence; therefore the claim must be dismissed.

Citation: 2011 NSSM 61
Parties: Claimant: Tracy Lynn Compton; Defendant: David Ross Hurley; Defendant: Esther Marie Levac
Court: Nova Scotia Small Claims Court
Jurisdiction: Canada
Judgment Date: 5 October 2011
Procedural Posture: Small Claims Court / Decision (final)
Outcome: Claim dismissed
Legal Topics: Trespass, Necessity (defence), Damages, Real Property Valuation, Expert Opinion Evidence
Source Language: English

Property Law Tort Law Evidence Trespass Necessity (defence) Damages Real Property Valuation Expert Opinion Evidence

Case Brief

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Full judgment text Legal principles 4 Party arguments 2 Amounts and remedies 6

Parties

Tracy Lynn Compton

Claimant

David Ross Hurley

Defendant

Esther Marie Levac

Defendant

Procedural Posture

Small Claims Court / Decision (final)

Legal Issues

1 Whether the defendants trespassed on the claimant's land by cutting trees
2 Whether the claimant proved actual damages from the cutting
3 Whether the defence of necessity applies to excuse the trespass

Ratio Decidendi

Any trespass was excused by necessity and the claimant failed to establish proven damages or reliable valuation evidence; therefore the claim must be dismissed.

Court Disposition

Claim dismissed

Orders

Claim dismissed