Poysor v Cowan, 2021 ONSC 7474
“The Plaintiff claimed the Defendant neighbours trespassed and removed 1000s of his trees from his property. At trial, we substantially reduced the Plaintiff’s claim for damages.”
Background
The dispute arose from a property boundary disagreement between rural neighbours in Mount Brydges, Ontario. The plaintiff owned a 50-acre woodlot on Irish Drive, while the defendant Chimo Farms operated adjacent farmland on Longwoods Road.
In 2016, Chimo Farms hired R&S Graham Contracting to clear encroaching vegetation, using a fence as the boundary marker. The contractor marked trees with orange flags before removing vegetation and excavating materials into burn piles.
By 2017, the plaintiff commissioned a professional survey marking the actual property lines, documenting through photographs that the defendants had crossed into his property and removed trees.
The Court's Decision
Justice George determined that the encroachment was minimal and rejected the plaintiff’s inflated tree replacement claim of $186,450. The court emphasized that restoration damages should be “reasonable, and not amount to retribution.”
Dyer Brown’s Ayren Brown successfully argued for a substantially reduced award, achieving a result far below the plaintiff’s original claim — a significant victory for the defence.
CASE DETAILS
COURT
Ontario Superior Court of Justice
CITATION
2021 ONSC 7474
DATE
March 3, 2022
PRACTICE AREA
Civil Litigation
DYER BROWN LAWYER
Ayren Brown
Damages: Claimed vs. Awarded
| Item | Plaintiff's Claim | Court's Award |
|---|---|---|
| Fence Replacement | $8,048.00 | $4,024.00 |
| Tree Replacement | $186,450.00 | $12,087.45 |
| Survey Cost | $949.00 | $949.00 |
| T-Bars | $239.00 | $239.00 |
| Loss of Amenity | — | $7,500.00 |
| Total | $195,925.00 | $24,799.45 |