What is the test for interference with a plaintiff's property rights?

British Columbia, Canada


The following excerpt is from Wood v. Langley (Township), 2015 BCSC 1020 (CanLII):

The interference with the plaintiff’s property rights may be in the nature of physical damage to the land or it may take the form of substantial interference with the plaintiff’s use or enjoyment of his or her land: Smith v. Inco Ltd., 2011 ONCA 628 at para. 43.

Other Questions


If a judge finds that a plaintiff has violated a plaintiff’s human rights in a civil case, does this rule apply? (British Columbia, Canada)
What decisions have been made in relation to the Health and Safety Executive's determination that contaminated soil on a plaintiff's property is a contaminated site? (British Columbia, Canada)
In what circumstances have golf balls been found to have landed on a plaintiff's property? (Manitoba, Canada)
What are the elements of the tort for interference with a plaintiff's business interests? (Nova Scotia, Canada)
What is the test for determining whether an occupier of a building is liable for damage caused to a plaintiff's property by an electrical shock? (Alberta, Canada)
What is the impact of a certificate of pending litigation on a plaintiff's property? (British Columbia, Canada)
What are the common issues in the case of a plaintiff who alleges that she and her neighbours caused the dusting and dusting of their neighbour's property? (British Columbia, Canada)
Is a fence or eaves of a house encroaches over a plaintiff's property? (Ontario, Canada)
What is the test for determining whether a plaintiff’s rights can be trampled upon in the name of the public good? (British Columbia, Canada)
What is the test for a motion of no evidence in a personal injury action brought by a plaintiff who was injured on a Defendant homeowner's property? (British Columbia, Canada)