Swartz v. Verrette

Swartz v. Verrette

On the balance of probabilities the earth-moving works by the defendants materially changed drainage contours and increased water onto the claimants' land; the effect is ongoing so limitation does not bar relief; defendants liable in nuisance and must pay the cost of a reasonable remedial system and filing/service costs.

Citation
2011 NSSM 23
Parties
Claimant: Alan Swartz; Claimant: Susan Swartz; Defendant: Marcel Joseph Verrette; Defendant: Colleen Verrette
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
4 April 2011
Procedural Posture
Small Claims Court / Decision (post Hearing)
Outcome
Judgment for the Claimants in the amount of $5,879.35
Legal Topics
Drainage, Neighbour Dispute, Private Nuisance, Limitation of Actions, Damages
Source Language
English
Property Law Tort Nuisance Remedies Civil Procedure Drainage Neighbour Dispute Private Nuisance +2 more

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Parties

Alan Swartz

Claimant

Susan Swartz

Claimant

Marcel Joseph Verrette

Defendant

Colleen Verrette

Defendant

Procedural Posture

Small Claims Court / Decision (post Hearing)

Legal Issues

  1. 1 Did the defendants' earth-moving and drainage works alter the flow of water onto the claimants' land?
  2. 2 Are the defendants liable in private nuisance for the increased water and resulting damage?
  3. 3 Is the Limitation of Actions Act a bar to the claim?

Ratio Decidendi

On the balance of probabilities the earth-moving works by the defendants materially changed drainage contours and increased water onto the claimants' land; the effect is ongoing so limitation does not bar relief; defendants liable in nuisance and must pay the cost of a reasonable remedial system and filing/service costs.

Court Disposition

Judgment for the Claimants in the amount of $5,879.35

Orders

  • Defendants to pay to the Claimants $5,879.35 representing $5,650.00 for remedial drainage work plus $179.35 filing costs and $50.00 service of claim.