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Class action certification arising from the Lytton Fire was granted in part, with negligence, private nuisance and Rylands v. Fletcher certified and several claims struck.
Ont. C.A. allows appeal in long-running drainage dispute, finding the contempt motion was wrongly dismissed and substituting an order requiring further remedial steps.
BCSC held an easement allowed stopping, loading, unloading and limited parking for construction access, dismissed trespass claims, and found the Cooks liable for nuisance.
The Court allowed the appeal, holding the certification judge erred in concluding it was plain and obvious the pleadings disclosed no cause of action in negligence against the Town and in failing to undertake the required comparative preferable-procedure analysis; accepting the pleaded facts, there is a prima facie duty of care and no residual policy ground to negate it, and there is some basis in fact that a class action is the preferable procedure, therefore the action is certified and Dewey appointed representative plaintiff.
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British Columbia Supreme Court judgment on libel, easement obstruction and nuisance claims arising from neighbour disputes in Lions Bay.
Summary trial on liability for flood damage was dismissed: the plaintiff failed to prove negligence or nuisance against the Public Guardian and Trustee.
La Corte Suprema de Columbia Británica declaró responsable a Herd & Smith por molestia privada causada por entregas de combustible por el callejón, pero negó una interdicción permanente y desestimó las pretensiones contra los gobiernos locales.
The Court held that a fence built within an easement substantially interfered with road use and maintenance, allowed lawful abatement, granted an injunction, and dismissed the counterclaim.
Court found respondents liable for trespass in cutting six spruce trees within the ROW and awarded Applicants special damages $2,800 and general damages $2,000 for loss of privacy; Applicants committed actionable trespass and conversion by planting cedars on respondents' land, removing respondents' chattels and erecting a permanent fence in the ROW — Court ordered removal of the fence and restoration and found those acts merited punitive damages to respondents ($5,000) plus nuisance compensation ($2,500); respondents entitled to declaration of prescriptive/right to continue using portion of d…
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The court granted a permanent injunction and awarded damages after finding repeated interference with a fence project, trespass, and nuisance from a surveillance camera.
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