Hussey v. Hayes, (2015) 374 Nfld. & P.E.I.R. 201 (NLPC)

• Judge: Orr, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: October 08, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 374 Nfld. & P.E.I.R. 201 (NLPC);2015 NLPC 0115

Hussey v. Hayes (2015), 374 Nfld. & P.E.I.R. 201 (NLPC);

    1164 A.P.R. 201

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. NO.016

Tom Hussey (plaintiff) v. Tim Hayes (defendant)

(2015 NLPC 0115C00209)

Indexed As: Hussey v. Hayes

Newfoundland and Labrador Provincial Court

Orr, P.C.J.

October 30, 2015.

Summary:

The parties were next door neighbours. The plaintiff claimed that snow and ice from the defendant's snow blower struck the plaintiff's car, damaging it. The plaintiff sued for the cost of the repairs ($643.25).

The Newfoundland and Labrador Provincial Court allowed the action.

Damage Awards - Topic 545

Torts - Injury to land and building - Nuisance - [See Torts - Topic 1410 ].

Torts - Topic 1004

Nuisance - General principles and definitions - Actionable nuisance - What constitutes - [See Torts - Topic 1410 ].

Torts - Topic 1007

Nuisance - General principles and definitions - Private nuisance defined - [See Torts - Topic 1410 ].

Torts - Topic 1258

Nuisance - Particular nuisances - Impelled objects or falling objects - [See Torts - Topic 1410 ].

Torts - Topic 1410

Nuisance - Injury to property - Neighbouring owners - General - The parties were next door neighbours - The plaintiff claimed that snow and ice from the defendant's snow blower struck the plaintiff's car, damaging it - The plaintiff sued for the cost of the repairs ($643.25) - The Newfoundland and Labrador Provincial Court allowed the action on the basis of a private nuisance, which was "the unreasonable, unwarranted, or unlawful use of one's property in a manner that substantially interferes with the enjoyment or use of another individual's property, without an actual or physical invasion to the land" - The defendant had blown snow onto the plaintiff's property and was liable for the damage.

Cases Noticed:

Tock v. St. John's Metropolitan Area Board, [1989] 2 S.C.R. 1181; 104 N.R. 241; 82 Nfld. & P.E.I.R. 181; 257 A.P.R. 181, refd to. [para. 8].

Miller v. Minister of Pensions, [1947] 2 All E.R. 372 (K.B.), refd to. [para. 9].

Counsel:

Tom Hussey, on his own behalf;

Tim Hayes, on his own behalf.

This action was heard at St. John's, N.L., on October 8, 2015, by Orr, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following reasons for judgment on October 30, 2015.