Trevor Robertson

This case concerns the assessment of damages for trespass after the defendants clear-cut a tree line and filled a drainage ditch on the plaintiffs' adjacent farmland.

Liability for trespass was previously established by summary judgment.

The court awarded damages for reasonable restoration costs, out-of-pocket expenses related to a survey and municipal drain contribution, and compensation for loss of amenities.

The plaintiffs' claim for punitive damages was denied, as the court found the defendants' conduct reckless but not sufficiently high-handed or malicious to warrant such an award.