What are the legal tests for injurious affection where no land has been acquired?

The board correctly observed that to succeed on a claim for injurious affection, where no land has been acquired, the following legal tests had to be met:(a) The damage must result from an act rendered lawful by statutory powers of the person performing such act (the "statutory authority rule"). (b) The damage must be such as would be actionable under the common law, but for the statutory powers (the "actionable rule"). (c) The damage must be occasioned by the construction of the public work, not its use (the "construction not the use rule"). St. Pierre v. Ontario (Minister of Transportation and Communications), 1987 CanLII 60 (SCC), [1987] 1 S.C.R. 906, [1987] S.C.J. No. 27, at p. 909 S.C.R.