The appellants appealed a trial judgment awarding damages for destroying trees and altering a watercourse on the respondents' adjacent property.
The Court of Appeal dismissed arguments regarding the sufficiency of the trial judge's reasons and the effect of a release signed by the respondents.
However, the Court agreed that the trial judge erred in calculating the damages.
The appeal was allowed in part to reduce the total damages awarded to $59,930 plus applicable taxes.
