Buckingham v. Graham, (1996) 174 N.B.R.(2d) 330 (TD)

• Judge: Larlee, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: January 25, 1996
• Jurisdiction: New Brunswick
• Citations: (1996), 174 N.B.R.(2d) 330 (TD)

Buckingham v. Graham (1996), 174 N.B.R.(2d) 330 (TD);

    174 R.N.-B.(2e) 330; 444 A.P.R. 330

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

....................

John Wesley Buckingham (plaintiff) v. Glendon C. Graham, Sylvia D. Graham and Debra G. Graham (defendants)

(F/C/681/93)

Indexed As: Buckingham v. Graham

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Fredericton

Larlee, J.

February 5, 1996.

Summary:

A 60' by 60' area of land adjacent to the defendants' property was marshy and boggy and covered with willow and alder bushes. The defendants, mistakenly believing it to be Crown land, cut the brush, then filled and seeded the land. The plaintiff owner sued for damages for trespass. The defendants admit­ted the trespass.

The New Brunswick Court of Queen's Bench, Trial Division, found the defendants liable for trespass and awarded the plaintiff $750 in damages.

Damage Awards - Topic 550

Torts - Injury to land and buildings - Trespass - A 60' by 60' area of land adja­cent to the defendants' property was marshy and boggy and covered with wil­low and alder bushes - The defendants, mistakenly believing it to be Crown land, cut the brush, then filled and seeded the land - The plaintiff owner sued for dam­ages for trespass - The defendants admit­ted the trespass - The subject land was improved by the trespass, but the plaintiff wanted it to remain in its original state - No trees were cut - The plaintiff had no plans to use the land - The land was not pristine wilderness well kept and preserved in its natural state, nor was it recreational property - There was no evidence to sup­port general damages for mental anguish or loss of reputation - The land would not return to its natural state for a number of years - The New Brunswick Court of Queen's Bench, Trial Division, awarded the plaintiff $750 damages for trespass.

Torts - Topic 3002

Trespass - Trespass to land - What con­stitutes - [See Damage Awards - Topic 550 ].

Torts - Topic 3050

Trespass - Trespass to land - Damages - [See Damage Awards - Topic 550 ].

Cases Noticed:

Boudreau and Boudreau v. LeBlanc (1984), 91 N.B.R.(2d) 330; 232 A.P.R. 330 (C.A.), refd to. [para. 8].

Ouellette v. Fleck (1995), 158 N.B.R.(2d) 141; 406 A.P.R. 141 (T.D.), refd to. [para. 10].

Duff v. Dutkiewicz et al. (1994), 137 N.B.R.(2d) 266; 351 A.P.R. 266 (T.D.), refd to. [para. 13].

Forbes v. Griffin (1990), 99 N.B.R.(2d) 156; 250 A.P.R. 156 (T.D.), refd to. [para. 13].

Counsel:

R. Leslie Jackson, Q.C., for the plaintiff;

Julian A.G. Dickson, for the defendants.

This action was heard on January 25, 1996, before Larlee, J., of the New Bruns­wick Court of Queen's Bench, Trial Divi­sion, Judicial District of Fredericton, who delivered the following judgment on Febru­ary 5, 1996.