What is the common law test for damages for trespass where a plaintiff is seeking an injunction?
Ontario, Canada
The following excerpt is from ENBRIDGE PIPELINES INC. v WILLIAMS et al, 2017 ONSC 1642 (CanLII):
In the case of British Columbia Hydro and Power Authority v. Boon, 2016 BCSC 355 (CanLII) (B.C.S.C.) it was held at para. 59 that “where a prima facie case of trespass is made out, the natural remedy is an injunction. This is because the act of trespass is actionable per se and does not require proof of damages.”
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