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63 out of 654 casebriefs.

Style of causeRatio

340909 Ontario Ltd v Huron Steel Products Ltd (1990), 73 OR (2d) 641 (HCJ)

What constitutes unreasonable interference:
** 1. The severity of the interference, having regard to its nature and duration and effect;
** 2. The character of the locale;
** 3. The utility of the defendant’s conduct;
** 4. The sensitivity of the use interfered with.

373409 Alberta Ltd (Receiver of) v Bank of Montreal, 2002 SCC 81

In the context of money or negotiable instruments, a party acting with proper authorization from the rightful owner is not liable in conversion.

Agar v Canning (1965), 54 WWR 302 (Man QB)

Consent does not give blanket immunity from liability. Conduct exceeding consent renders a defendant liable for injuries that result.

Aitken v Gardiner (1956) 4 DLR (2d) 119 (ON SC)

The plaintiff may recover value of chattel at time of conversion (general rule) and potentially also consequential losses caused by the conversion (to compensate the plaintiff if the thing increased in value between the time it was taken and the time of the trial).

Attorney-General (Ontario) v Orange Productions Ltd (1971), 21 DLR (3d) 257 (HC)

A public nuisance is a nuisance which is so widespread in its range or so indiscriminate in its effect that it would not be reasonable to expect one person to take it on – instead, taking action becomes the responsibility of the community at large.

Austin v Rescon Construction Ltd (1984), 57 DLR (4th) 591 (BC CA)

Landowner may deny entry for any reason they choose and has no obligation to accommodate a contractor or anyone else wishing to enter.

Bazley v Curry, [1999] 2 SCR 534

The test for vicarious liability for an employee’s sexual abuse of a client should focus on whether the employer’s enterprise and empowerment of the employee materially increased the risk of the sexual assault and hence the harm.

Bernstein of Leigh v Skyviews & General Ltd, [1978] 1 QB 479

The rights of landowners in the airspace above their land is restricted to such a height necessary for the ordinary use and enjoyment of his land and the structures upon it – above that height he has not greater rights then the general public.

Bird v Holbrook (1828), 4 Bing 628, 130 ER 911

Force is not justified when used for an improper purpose. (Use of force, without warning or threat of force, is not justified to prevent trespass.)

Bird v Jones (1845) 7 QB 742

Partial obstruction, unaccompanied by force or threat of force, does not constitute false imprisonment.

Board of Governors of the Seneca College of Applied Arts and Technology v Bhadauria, [1981] 2 SCR 181

Discrimination is not a tort at common law.

Boehringer v. Montalto (1931), 254 NY Supp 276

Landowner's title to the subsoil extends only to the depth which he or she can reasonably use.

Bradford Corp v Pickles (1895), AC 587 (HL)

No one has right to water running to their property. The diversion of water by a neighbour does not constitute a nuisance.

Bruce v Dyer (1966), 58 DLR (2d) 211 (Ont HC)

Assault can be pled as part of a defence to battery.

Brushett v Cowan (1990), 69 DLR (4th) 743 (Nfld CA)

The full extent of consent is determined by looking at all of the circumstances arising from the doctor-patient relationship.