FOR TORTS - Affecting property - Real property - Trespass

Law360 Canada (October 5, 2022, 6:02 AM EDT) -- Appeal by Janes from the upholding of the order of the Town council requiring him to remove or repair the buildings and to remove waste material and equipment from the property. Janes claimed that the trial judge erred in concluding that the Town’s action was authorized under s. 178 of the Municipalities Act (Act). Janes constructed a wharf on land leased to him by the Crown. On it, he built a two-storey building and a smaller wooden structure. On the advice of legal counsel, the Town issued an order to remove from the property all of the debris situated on the property and to remove or to repair to a suitable standard all buildings situated on the property. The first notice specified that the work was to be completed within 30 days of service of the order, and the Town reserved the right to have the work done. The Town’s contractor began demolition and destruction and removal of the chattels, other material and equipment. Counsel for Janes delivered correspondence to the Town advising, among other things, to cease demolition activities immediately until the dispute could be resolved without further destruction of property. The Town served a second notice on Janes. That notice included information regarding Janes’ right to appeal to the Board. Janes appealed the second order to the Board. The Board confirmed the Town’s right to make the second order. Janes did not seek judicial review of the Board’s decision. Janes sought damages for trespass in a statement of claim he issued. The Town applied to have the matter determined by summary trial. The judge concluded the Town’s action was not authorized under s. 404 of the Act. However, in dismissing Janes’ claim in trespass, the judge determined the Town’s action was authorized under s. 178 of the Act....
LexisNexis® Research Solutions

Related Sections