Canada Case Law

Cook v. Massey

Court

British Columbia Court of Appeal

The trial judge's contextual interpretation of the easement — reading 'all related purposes' in light of the circumstances at the time it was granted — reasonably allowed stopping, loading, unloading and limited short-term parking (five minutes or less) and exceptional longer parking during construction; the appellate court found no palpable and overriding error in that interpretation, in the trespass factual findings or in the nuisance and encroachment awards, and therefore dismissed the appeal.

Source excerpt

• Easement interpretation
• Trespass
• Private nuisance
• Damages
• Standard of review
• Factual findings

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Page v. British Columbia

Court

Supreme Court of British Columbia

On the balance of probabilities the plaintiff failed to prove that leakage from the PCID caused additional non‑natural water to flood the Page Property; the plaintiff's hearsay evidence lacked reliability and the Golder hydrogeological analysis was undermined by unreliable control piezometer data and omission of relevant flow measurements, whereas the defendants' expert evidence was preferred, so the nuisance claim fails.

Source excerpt

• Private nuisance
• Irrigation ditch leakage
• Water diversion
• Hearsay admissibility (principled exception)
• Expert hydrogeological evidence
• Injunctions

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Abbotsford (City) v. Mostertman

Court

British Columbia Court of Appeal

The appeal is allowed in part: the chambers judge correctly found the plaintiffs provided a realistic, fact‑grounded methodology and adequately pleaded negligence and both private and public nuisance claims, and correctly rejected a fatal conflict between Inner and Outer Prairie class members on the common issues; however, certification of the subclass of property owners subject to registered indemnity covenants (the Indemnity Class) and the appointment of their representative plaintiffs are set aside because the judge failed to satisfy s.4(1)(e) by addressing the unresolved conflicts, notice…

Source excerpt

• Class certification
• Common issues
• Representative plaintiff conflicts
• Methodology and expert evidence
• Private nuisance
• Public nuisance

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Fickes v Busche

Court

Nova Scotia Small Claims Court

Both claims dismissed: Claimant's nuisance claim fails because the court was not satisfied on the balance of probabilities that pine needles caused the French drain clogging and, even if they did, the interference was not unreasonable given the drain's maintenance needs and pre-existing trees; Defendant's counterclaim dismissed as statute-barred under the Limitation of Actions Act because the claim was discoverable by at least April 2022 and was not brought within two years, and alternatively failed on causation and mitigation.

Source excerpt

• Private nuisance
• Causation
• Reasonableness
• Limitation period (discovery rule)
• Mitigation
• Damages

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Cook v. Massey

Court

Supreme Court of British Columbia

BCSC held an easement allowed stopping, loading, unloading and limited parking for construction access, dismissed trespass claims, and found the Cooks liable for nuisance.

• Easement interpretation
• Declaration
• Injunction
• Trespass
• Private nuisance
• Damages

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Josey v. Rodriguez-Demers

Court

Supreme Court of Nova Scotia

Applicant failed to prove the first stage of private nuisance because the runoff was trifling, transitory and did not substantially alter the nature or use of his property; additionally the restrictive covenant cannot be construed to impose a continuing positive obligation to regrade decades after sale, so no enforceable breach; therefore dismissal was required and equitable relief was not warranted.

Source excerpt

• Private nuisance
• Restrictive covenant interpretation
• Boundary dispute
• Remedies
• Injunctions
• Costs

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1020840 BC Ltd. v. The TDL Group Corp.

Court

Supreme Court of British Columbia

The court dismissed a motion to amend a civil claim, finding the proposed fraudulent misrepresentation, nuisance, and unlawful means tort pleadings were unclear and insufficiently particularized.

• Amendment of pleadings
• Fraudulent misrepresentation
• Private nuisance
• Intentional interference with economic relations (unlawful means tort)
• Pleading sufficiency
• Limitation period

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York (Regional Municipality) v. Di Blasi

Court

Court of Appeal for Ontario

The trial judge's factual findings that the appellant constructed a berm in breach of municipal bylaws, failed to comply with clear removal orders, and thereby committed contempt were supported by the record and entitled to appellate deference; accordingly the appeal is dismissed and the remedies and costs awarded below are upheld.

Source excerpt

• Municipal bylaw enforcement
• Private nuisance
• Contempt of court
• Remediation and entry onto land
• Costs
• Wetlands protection

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Li v. Barber

Court

Court of Appeal for Ontario

The Court of Appeal dismissed the appeal and upheld the motion judge’s dismissal of the s.137.1 anti‑SLAPP motion because, on the limited pre‑trial record, the respondents demonstrated there were grounds to believe their claims had substantial merit, there were grounds to believe the defendants lacked defences with a real prospect of success, and the comparative public‑interest weighing under s.137.1(4)(b) favoured allowing the proceeding to continue; no reviewable error was made by the motion judge.

Source excerpt

• Private nuisance
• Public nuisance
• Concerted action/common design
• Donor liability
• Anti‑slapp (cja s.137.1)
• Certification

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Blanchette v. Wilcraft Concrete Services Ltd.

Court

Nova Scotia Small Claims Court

On the balance of probabilities the adjudicator found debris that struck the claimant's vehicle originated from the defendant's worksite, the defendant's evidence did not rebut the permissible inference of negligence, and the activities constituted a non-natural use of land such that the rule in Rylands v. Fletcher also imposed strict liability; accordingly defendant liable for claimant's loss.

Source excerpt

• Property damage to chattel
• Rylands v. fletcher
• Private nuisance
• Circumstantial evidence / res ipsa loquitur
• Standard of proof

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