Luedee v. Nova Construction Co., (1973) 4 Nfld. & P.E.I.R. 361 (NFSC)

• Judge: Mifflin, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: May 02, 1973
• Jurisdiction: Newfoundland and Labrador
• Citations: (1973), 4 Nfld. & P.E.I.R. 361 (NFSC)

Luedee v. Nova Constr. Co. (1973), 4 Nfld. & P.E.I.R. 361 (NFSC)

MLB headnote and full text

Luedee v. Nova Construction Company Limited

Indexed As: Luedee v. Nova Construction Co.

Newfoundland Supreme Court

At Trial

Mifflin, J.

May 2, 1973.

Summary:

This action arose out of the plaintiff's claim to have removed from his property material from the construction of a highway by the defendant. The defendant contractor upgraded the Trans Canada Highway which crossed the plaintiff's woodland. During construction operations the defendant deposited rocks, trees, and other debris on the plaintiff's land, affecting a total of five acres. The defendant was aware that the plaintiff owned the land and no consent to deposit the material was obtained. The plaintiff brought an action in trespass for damages and an injunction for removal of the material. The Supreme Court allowed the action in part and awarded the plaintiff $1,250. damages for the value of the land affected together with $2,500.00 exemplary damages. An injunction was refused.

The Supreme Court held that an injunction was not a proper remedy, since the damage to the plaintiff was far less than the cost of removal to the defendant.

The Supreme Court held that exemplary damages should be awarded to deter such encroachment on property rights.

Damages - Topic 1300

Exemplary damages - Trespass - Highway construction contractor moved rocks, trees and debris onto property of landowner adjoining highway - Contractor aware that landowner's rights were violated - Newfoundland Supreme Court awarded $2,500.00 exemplary damages to landowner for trespass - Paragraph 15.

Injunctions - Topic 6925

Trespass by construction company - Highway construction contractor moved rocks, trees and debris onto property of landowner adjoining highway - 5 acres of woodland affected - Damage to landowner small compared with cost of removal of the material - Newfoundland Supreme Court awarded the plaintiff $1,250.00 damages but refused to grant an injunction to enforce removal of the material - Paragraphs 12 to 14.

Cases Noticed:

Mayo v. Hefferton et al. (1972), 3 Nfld. & P.E.I.R. 236, appld.

Counsel:

Edward P. Poole, for the plaintiff;

Michael J. Monaghan, for the defendant.