Horne v. Burrows

Horne v. Burrows

Adjudicator held that Renouf committed trespass by cutting fifteen trees on the Claimants' land and is liable for damages; Burrows is not vicariously or jointly liable because Renouf was not an employee, there was no common unlawful enterprise nor blameworthy foreseeability by Burrows; damages were fixed at $250 per tree for 15 trees ($3,750) plus $2,000 for removal/associated expenses, counterclaim dismissed and costs awarded to Claimants.

Citation
2009 NSSM 47
Parties
Claimant: Brian Horne; Claimant: Dorothy Kent; Defendant: Kenneth C. Burrows; Defendant: Peter Renouf
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
10 September 2009
Procedural Posture
Small Claims Court (nova Scotia) / Decision (adjudicator's Reasons)
Outcome
Action allowed against Defendant Peter Renouf only; action against Defendant Kenneth C. Burrows dismissed; Counterclaim dismissed.
Legal Topics
Trespass, Damages, Vicarious Liability, Joint Enterprise, Mitigation of Damages, Costs and Disbursements
Source Language
English
Tort Law Property Law Neighbourhood Disputes Civil Procedure Trespass Damages Vicarious Liability Joint Enterprise +2 more

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Parties

Brian Horne

Claimant

Dorothy Kent

Claimant

Kenneth C. Burrows

Defendant

Peter Renouf

Defendant

Procedural Posture

Small Claims Court (nova Scotia) / Decision (adjudicator's Reasons)

Legal Issues

  1. 1 Did Peter Renouf trespass on the Claimants' land?
  2. 2 Is Kenneth Burrows vicariously or jointly liable for Renouf's actions (employment, hiring, or joint enterprise)?
  3. 3 If liability exists, what damages are appropriate (tree replacement value, removal and restoration costs, septic field risk, mitigation)?

Ratio Decidendi

Adjudicator held that Renouf committed trespass by cutting fifteen trees on the Claimants' land and is liable for damages; Burrows is not vicariously or jointly liable because Renouf was not an employee, there was no common unlawful enterprise nor blameworthy foreseeability by Burrows; damages were fixed at $250 per tree for 15 trees ($3,750) plus $2,000 for removal/associated expenses, counterclaim dismissed and costs awarded to Claimants.

Court Disposition

Action allowed against Defendant Peter Renouf only; action against Defendant Kenneth C. Burrows dismissed; Counterclaim dismissed.

Orders

  • Judgment for Claimants against Peter Renouf in the amount of $5,750.00 CAD (damages of $3,750.00 for tree replacement and $2,000.00 for tree removal).
  • Costs and disbursements awarded to Claimants totaling $1,234.90 CAD (including $174.13 issuance fee and $100.00 service fee and $960.77 in subpoena/service disbursements).