Lumsden v. Richard

Lumsden v. Richard

Adjudicator concluded defendant authorized an unauthorized entry amounting to trespass; evidence did not prove significant actual property damage so only general damages were appropriate; exemplary damages are unavailable in Small Claims Court; awarded maximum general damages of $100 plus court filing fees of $199.35, total $299.35.

Citation
2026 NSSM 6
Parties
Claimant: Kirby Scott Burns Lumsden; Defendant: Ronald Reginald Richard
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
20 March 2026
Procedural Posture
Small Claims Court Trespass Claim / Final Decision
Outcome
Claim allowed in part; judgment for claimant
Legal Topics
Trespass, Damages, Nominal Damages, General Damages, Exemplary Damages, Credibility Assessment
Source Language
English
Tort Property Law Small Claims Trespass Damages Nominal Damages General Damages Exemplary Damages +1 more

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Parties

Kirby Scott Burns Lumsden

Claimant

Ronald Reginald Richard

Defendant

Procedural Posture

Small Claims Court Trespass Claim / Final Decision

Legal Issues

  1. 1 Whether a trespass occurred
  2. 2 Whether the claimant proved actual property damage
  3. 3 Proper measure of damages given statutory limits of Small Claims Court

Ratio Decidendi

Adjudicator concluded defendant authorized an unauthorized entry amounting to trespass; evidence did not prove significant actual property damage so only general damages were appropriate; exemplary damages are unavailable in Small Claims Court; awarded maximum general damages of $100 plus court filing fees of $199.35, total $299.35.

Court Disposition

Claim allowed in part; judgment for claimant

Orders

  • Defendant to pay claimant $100.00 in general damages
  • Defendant to pay claimant $199.35 in court filing fees