The appellants appealed a trial judgment finding that a dock they constructed on Lake Simcoe constituted a private nuisance to the neighbouring respondent.
The trial judge had ordered a mandatory injunction for the dock's removal, punitive damages of $100,000, and substantial indemnity costs.
The Court of Appeal upheld the finding of nuisance and the mandatory injunction, noting the dock substantially and unreasonably interfered with the respondent's ability to use their boat.
The Court also upheld the punitive damages against the property owners (Garber) due to their refusal to remedy the nuisance.
However, the Court allowed the appeal in part by setting aside the punitive damages against the contractor (Nealon) and reducing the costs awarded against him to a partial indemnity scale, finding his conduct did not warrant such exceptional penalties.
