Canada Case Law

Clouter v. Garrett

Court

Supreme Court of Nova Scotia

The court accepted expert evidence that the water flows in a naturally occurring defined swale predating the subdivision, so the Garretts did not commit a nuisance or trespass by directing water into that swale; conversely, the Plaintiffs' post‑development alterations (raising the secondary driveway culvert and infilling) unlawfully impeded the natural flow and constituted a nuisance, obliging the Plaintiffs to remediate (lower the culvert) and the Defendants to remove the encroaching portion of their French drain; no damages were awarded because remedial work will restore prior condition, an…

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• Nuisance
• Trespass
• Stormwater drainage
• Easements
• Injunctions
• Costs

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Havelka v. Greenfield Construction Ltd.

Court

Supreme Court of Nova Scotia

Although the court found the applicants established prima facie nuisance and interference, the respondents were not legally liable because statutory authority applied (merits decision 2025 NSSC 10). The applicants did not unnecessarily prolong the proceeding given medical issues and significant non‑disclosure by Canada; an early $30,000 offer was within a reasonable range at the time and its refusal was not patently unreasonable. Costs were awarded on Tariff A Scale 2 adjusted for 11 reasonable sitting days: each successful respondent awarded $31,750 (9,750 basic scale plus $22,000 for days);…

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• Nuisance
• Statutory authority immunity
• Costs
• Settlement offers
• Disclosure

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Zou v. Miracon Development Inc.

Court

Supreme Court of British Columbia

In a summary trial, the court awarded the plaintiffs $4,800 for nuisance and nominal trespass damages, and dismissed their negligence, statutory, CPL and injunction claims.

• Trespass
• Nuisance
• Negligence
• Mitigation of damages
• Summary trial
• Damages

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National Steel Car Limited v. Hamilton (City)

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario upheld an equal apportionment of damages, punitive damages, and most of an injunction in a flooding dispute, varying only one injunction clause.

• Nuisance
• Negligence
• Strict liability (rylands v. fletcher)
• Apportionment of liability
• Mitigation of damages
• Punitive damages

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Girouard v. Smith

Court

Supreme Court of British Columbia

The court refused the injunctive relief sought in Girouard v. Smith, but held the plaintiff had a bona fide claim when the action began and awarded costs on Scale B.

• Nuisance
• Injunctive relief
• Veiled threats
• Credibility assessment
• Trespass
• Criminal acquittal

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Steveston Harbour Authority v. Ridge Fishing Ltd.

Court

Supreme Court of British Columbia

The Court held that the defendants’ harbour licences had expired or been terminated, their later occupancy was unauthorized, and SHA was entitled to declaratory and injunctive relief.

• Trespass
• Nuisance
• License of occupation
• Termination and non-renewal
• Good faith in contractual discretion
• Proprietary estoppel

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Francis v. Mosher

Court

Nova Scotia Small Claims Court

The adjudicator found on the balance of probabilities that the cedars and yews were on the Defendant's side so their removal was not trespass; the birch trunk was on the Claimants' land so the Defendant trespassed by directing its removal and is liable (nominal damages); the Claimants trespassed by piling rocks and damaging the Defendant's lattice, by removing temporary survey stakes, and were responsible for fence encroachment via their contractor; the Claimants' escalating conduct (loud music, lights, shouting, recording) amounted to actionable nuisance; damages were fixed within Small Clai…

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• Trespass
• Nuisance
• Damages
• Boundary/survey
• Costs/disbursements
• Agency/indemnity

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LeBourdais v. British Columbia (Public Guardian and Trustee)

Court

British Columbia Court of Appeal

La Cour d’appel a accueilli l’appel d’une décision sommaire en négligence et nuisance liée à un ponceau sur Cherry Creek, jugeant qu’une erreur de fait sur la preuve d’expert exigeait un nouveau procès.

• Negligence
• Nuisance
• Statutory liability under water act/water sustainability act
• Causation
• Expert evidence
• Standard of review (palpable and overriding error)

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1163499 B.C. Ltd. v. Holm

Court

Supreme Court of British Columbia

The court set aside a default judgment under Rule 3-8(11), finding a strong defence, prompt action after learning of the judgment, and little prejudice to the plaintiff.

• Set aside default judgment
• Default judgment
• Trespass
• Nuisance
• Negligence
• Damages

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Acadia Equipment Rentals Limited v. Jaylynn Enterprises Limited

Court

Supreme Court of Nova Scotia

The lease read with the Fogarty Plan and surrounding circumstances evidenced an express grant of a permanent easement over Parcel E1 to benefit 280 North Street (terminating only if the parcel became a public street); alternatively proprietary estoppel established an equitable easement; the defendants' placement and prolonged retention of seacans constituted an actionable nuisance for which special damages and modest punitive damages were awarded; the waste counterclaim failed.

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• Easement
• License
• Proprietary estoppel
• Nuisance
• Punitive damages
• Waste

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