Chris Salazar

The defendant moved for summary judgment to dismiss the plaintiff's claims of trespass, nuisance, Rylands v. Fletcher, and interference with riparian rights, arising from a neighbour dispute over dock and boat lift placement.

The court dismissed the claims for trespass, nuisance, and Rylands v. Fletcher, finding no genuine issue for trial.

However, the court found a genuine issue for trial regarding the interference with riparian rights, as there was circumstantial evidence of the defendant's involvement in moving the plaintiff's boat lift and a dispute over the proper boundary for riparian access.

The court emphasized the difficulty of resolving factual conflicts in simplified procedure actions without cross-examination and ordered the riparian rights claim to proceed to a simplified trial.

The plaintiff moved to remove the defendant's law firm as counsel, alleging a disqualifying conflict of interest because the firm had prepared the father's will in 2010, which named both parties as trustees.

The plaintiff argued that the firm possessed confidential information relevant to the current action concerning alleged trustee misconduct.

The court dismissed the motion, finding that the plaintiff was not a former client of the firm and that any information provided by the father for the 2010 will was not relevant to the issues of trustee misconduct in the present action, as the will itself was not being challenged.