The court granted an injunction and awarded compensatory and punitive damages for repeated trespasses and nuisance during a neighbour's construction project.
The Applicant sought an injunction and damages against the Respondents for nuisance, trespass, and interference with a mutual right-of-way easement during a construction project on the Respondents' adjacent property.
The court found that the Respondents committed nuisance and repeated trespasses, which were not trivial, and awarded damages and punitive damages.
However, the court did not find actionable encroachment on the easement, concluding that temporary impediments did not constitute substantial interference.
An injunction was granted to prevent future trespass during the remaining construction.
SCJSuperior Court of JusticeFeb 27, 2023