The plaintiffs sought summary judgment for an injunction to prevent the defendants from obstructing their access to Lake Erie, asserting rights under the Canadian Navigable Waters Act (CNWA) and common law riparian rights.
They also claimed damages for trespass.
The court dismissed the plaintiffs' claims for injunctive relief, finding they lacked standing to enforce the CNWA and that their property did not directly abut Lake Erie in its natural low-water state.
However, the court granted summary judgment for the plaintiffs on the trespass claim, awarding $5,000 in damages for the unauthorized clearing of trees and vegetation on their land by the defendants.
The defendants' counterclaim for trespass was not adjudicated due to procedural issues.
