Sentences with phrase «injurious affection»
The phrase "injurious affection" refers to the harm or damage caused by someone's actions or behavior. It means that someone's actions have a negative impact or cause harm to someone else. Full definition
Advising a port operator in relation to a claim for damages for injurious affection arising from the construction of a harbour.
burges-salmon.com
Under expropriations legislation, compensation must be awarded for the nuisance tort of injurious affection where the claimant's occupation or enjoyment of land is substantially and unreasonably interfered with.
Modern law on injurious affection, the proper balance between public benefits and private costs, has been developing for nearly two centuries.
This is called by the awkward name «injurious affection where property is not taken», and its scope is far more controversial.
Indeed the claim appears more as one sounding in injurious affection.
However a claim for injurious affection could not be advanced in this case because the necessary statutory framework for such is not present.
The claim of injurious affection will therefore only be relevant if the defendants are absolved of liability for any nuisance they are found to have caused because of the protection afforded by the defence of statutory authority.
[47] Either an owner or a lessee of property, other than a lessee of residential property under a lease having a term of less than one year, may assert a claim based on injurious affection...
But it is puzzlingly indirect when it comes to injurious affection where no property has been taken:
The board awarded damages for injurious affection.
The Ontario Municipal Board (OMB) awarded $ 393,000 for injurious affection to the property.
Antrim Truck Centre Ltd. v. Ontario (Minister of Transportation) 2013 SCC 13 Expropriation — Right to compensation — Injurious affection — Where none of claimant's land taken A truck stop owner sued the Minister of Transportation for damages for injurious affection under the Expropriations Act as a result of the construction of Highway 417 which rerouted the Trans - Canada Highway and allegedly put the truck stop out of business.
This week's summaries concern: Party to a crime / Crown duty to Métis / Bankruptcy / Automobile insurance / Injurious affection / Child welfare:
41 (1) In this section, «injurious affection» means injurious affection caused by an expropriating authority in respect of a work or project for which the expropriating authority had the power to expropriate land.
Fault is irrelevant to the law of injurious affection, the usual way in which compensation is provided for damage from construction of public works.
(4) Without limiting any other provision of this section, the BC Transportation Financing Authority has no greater liability to compensate an owner for injurious affection than does the minister responsible for the administration of the Transportation Act.
But in the parallel class action, (brought by other businesses in Cambie Village), Gautam v. Canada Line Rapid Transit Inc., the Supreme Court of British Columbia certified identical claims for injurious affection, precisely in case the defendants were protected from a claim in nuisance by the defence of statutory authority:
[48] The claim in respect of injurious affection may be advanced against any defendant in whom a power of expropriation has been vested by statute but not exercised.
Compensation was first allowed for those who physically lost property to the public work, whether by sale or expropriation, including for «injurious affection» to the remaining lands.
Work highlights: Advised Bourne Leisure on its injurious affection case against Great Yarmouth Port Authority, relating to the latter's construction of a new harbour
Eric Appotive successfully represented the Township of Admaston / Bromley before the Ontario Municipal Board (OMB) in an expropriation claim for injurious affection.
The common law of injurious affection has developed over the years and the concepts of right of access, injurious affection, and nuisance are used interchangeably.
Antrim Truck Ltd. claimed $ 8,224,671 in damages for injurious affection (based on the tort of nuisance) under the Expropriations Act, RSO 1990, c E. 26.
(2) This section shall be construed as affording in all cases a right to compensation for injurious affection to land which is the same as the right which section 68 of the Lands Clauses Consolidation Act 1845 has been construed as affording in cases where the amount claimed exceeds fifty pounds...»