Tarry v. Rotin

Tarry v. Rotin

Defendant's contractors cut mature trees located on the claimants' land; in absence of expert valuation and given the ordinary nature and plentiful number of similar trees, a reasonable compensatory award of $6,000 for loss and amenity was appropriate, reduced by a $500 set-off for the defendant's proved loss, and...

Source-derived case information.

Citation
2021 NSSM 46
Parties
Claimant: Brendan Tarry; Claimant: Julie Tarry; Defendant: Lynn Rotin
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 September 2021
Procedural Posture
Small Claims Trespass (trees) / Decision (hearing Concluded)
Outcome
Claim allowed in part; judgment for Claimants against Defendant in the amount of $5,949.35
Legal Topics
Trespass, Damages, Set Off, Costs, Boundary Dispute, Survey Evidence, Loss of Amenity
Source Language
english
Property Law Tort Civil Procedure Trespass Damages Set Off Costs Boundary Dispute +2 more

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Parties

Brendan Tarry

Claimant

Julie Tarry

Claimant

Lynn Rotin

Defendant

Procedural Posture

Small Claims Trespass (trees) / Decision (hearing Concluded)

Legal Issues

  1. 1 Whether the defendant trespassed by directing the cutting of trees on the claimants' land
  2. 2 Appropriate measure of damages for removal of mature trees and loss of amenity
  3. 3 Whether defendant's alleged losses justify a set-off

Ratio Decidendi

Defendant's contractors cut mature trees located on the claimants' land; in absence of expert valuation and given the ordinary nature and plentiful number of similar trees, a reasonable compensatory award of $6,000 for loss and amenity was appropriate, reduced by a $500 set-off for the defendant's proved loss, and the claimants were entitled to specific disbursements (filing, service, book) resulting in a judgment of $5,949.35.

Court Disposition

Claim allowed in part; judgment for Claimants against Defendant in the amount of $5,949.35

Orders

  • Defendant to pay Claimants $5,949.35 in total (damages $6,000.00 less set-off $500.00, plus filing $199.35, service $120.00, cost of book $130.00).
  • Separate order will issue accordingly.