Isles v. Jacques

Isles v. Jacques

The Small Claims Court cannot adjudicate claims for ownership, rights of way, or impose obligations to repair or maintain Crown roads, but it can award monetary damages for trespass where the claimant's ownership is unchallenged; on the evidence the Hillsbrough Water Society (not Rick Jacques personally) trespassed and caused damage to a survey marker, entitling the claimant to $534.75 for replacement plus a reduced court filing fee of $99.70, totalling $634.45 against the Society only.

Citation
2016 NSSM 50
Parties
Claimant: Kenneth M. Isles; Defendant: Rick Jacques; Defendant: Hillsbrough Water Society
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
13 July 2016
Procedural Posture
Small Claims Tort (trespass to Land) / Final Decision (adjudication)
Outcome
Claim allowed in part. Judgment against Hillsbrough Water Society only for $634.45; no personal judgment against Rick Jacques; other relief relating to access, repair and maintenance or against the Crown refused for lack of jurisdiction.
Legal Topics
Trespass to Land, Jurisdiction, Damages, Right of Way, Survey Marker Replacement, Costs
Source Language
English
Property Law Tort Law Procedural Law Trespass to Land Jurisdiction Damages Right of Way Survey Marker Replacement +1 more

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Parties

Kenneth M. Isles

Claimant

Rick Jacques

Defendant

Hillsbrough Water Society

Defendant

Procedural Posture

Small Claims Tort (trespass to Land) / Final Decision (adjudication)

Legal Issues

  1. 1 Whether the Small Claims Court has jurisdiction to grant the relief sought related to land and rights of way
  2. 2 Whether the defendants trespassed on the claimant's land while performing work and caused damages
  3. 3 Whether liability lies against the individual defendant or the Hillsbrough Water Society

Ratio Decidendi

The Small Claims Court cannot adjudicate claims for ownership, rights of way, or impose obligations to repair or maintain Crown roads, but it can award monetary damages for trespass where the claimant's ownership is unchallenged; on the evidence the Hillsbrough Water Society (not Rick Jacques personally) trespassed and caused damage to a survey marker, entitling the claimant to $534.75 for replacement plus a reduced court filing fee of $99.70, totalling $634.45 against the Society only.

Court Disposition

Claim allowed in part. Judgment against Hillsbrough Water Society only for $634.45; no personal judgment against Rick Jacques; other relief relating to access, repair and maintenance or against the Crown refused for lack of jurisdiction.

Orders

  • Judgment for $634.45 against Hillsbrough Water Society comprising $534.75 for survey marker replacement and $99.70 court filing fee.
  • No judgment against Rick Jacques personally.