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Expropriation disturbance and injurious affection claims dismissed for failure to prove perceptible noise increase.
The plaintiff sought disturbance and injurious affection damages following the expropriation of a thin strip of his land for a railway expansion, claiming increased noise rendered his home uninhabitable.
The Federal Court found the plaintiff failed to establish a perceptible increase in sound, largely rejecting modeling based on an unproven pre-expansion earth berm.
Claims for relocation costs and property devaluation were dismissed.
However, the plaintiff was awarded an additional $1,100 for the expropriated land itself.
