What is the test for maintaining an action for injurious affection when no land is taken?

Four conditions must be met in order to maintain an action for injurious affection when no land is taken. They are: "(1) the damage must result from an act rendered lawful by statutory powers of the person performing such act; (2) the damage must be such as would have been actionable under the common law, but for the statutory powers; (3) the damage must be an injury to the land itself and not a personal injury to business or trade; (4) the damage must be occasioned by the construction of the public work, not by its user." See St Pierre v. Ontario (Minister of Transportation and Communications) (1987), 1987 CanLII 60 (SCC), 39 D.L.R. (4th) 10 at p. 12, 38 L.C.R. 1 at p. 3, [1987] 1 S.C.R. 906.