Saleman V. Hill Official Case Report
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Case Name:
Saelman v. Hill
Between Jacques Saelman and William Wuerch, plaintiffs, and Dennis Wayne Hill and Sylvia Ann Hill, defendants [2004] O.J. No. 2122 [2004] O.T.C. 440 20 R.P.R. (4th) 118 2004 CanLII 9176 131 A.C.W.S. (3d) 367 Court File No. 13526/00
Ontario Superior Court of Justice Kingston, Ontario Hackland J. Heard: April 5-8 and 13-16, 2004. Judgment: May 20, 2004. (47 paras.) Damages -- For torts -- Affecting property -- Real property -- Nuisance -- Inconvenience -Psychological injuries -- Emotional distress -- Tort law -- Nuisance -- Injury to person. Action by Saelman and Wuerch against their neighbours, the Hills, for nuisance resulting from harassment following a property dispute. There were disagreements over the Hills' hedge-cutting and snow clearing which affected the Saelman property. Unpleasant comments were exchanged and the police were called on several occasions. The Hills modified their downspout such that the water flowed directly onto the Saelman driveway. Saelman did some elevated landscaping in his backyard that caused the Hills concern that they would encounter a drainage problem. By-law inspectors
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called by Hill did not feel the situation merited any action. Saelman erected a six-foot wooden privacy fence. The Hills then dug trenches. One directed water toward the Saelman garage and another was dug alongside the fence and filled with water in an attempt to destabilize it. The Hills also installed a spotlight that was directed toward the Saelman house and a surveillance camera directed at the property line. They played music loudly and installed no-trespassing signs. Saelman had installed large mirrors on his house to watch the property line. There were a couple of incidents whereby Mrs. Hill hit feet and legs of people on the Saelman property while using garden tools under the fence. Shortly after commencing this action, Saelman obtained injunctive relief restraining the Hills from trespassing and
Case Name:
Saelman v. Hill
Between Jacques Saelman and William Wuerch, plaintiffs, and Dennis Wayne Hill and Sylvia Ann Hill, defendants [2004] O.J. No. 2122 [2004] O.T.C. 440 20 R.P.R. (4th) 118 2004 CanLII 9176 131 A.C.W.S. (3d) 367 Court File No. 13526/00
Ontario Superior Court of Justice Kingston, Ontario Hackland J. Heard: April 5-8 and 13-16, 2004. Judgment: May 20, 2004. (47 paras.) Damages -- For torts -- Affecting property -- Real property -- Nuisance -- Inconvenience -Psychological injuries -- Emotional distress -- Tort law -- Nuisance -- Injury to person. Action by Saelman and Wuerch against their neighbours, the Hills, for nuisance resulting from harassment following a property dispute. There were disagreements over the Hills' hedge-cutting and snow clearing which affected the Saelman property. Unpleasant comments were exchanged and the police were called on several occasions. The Hills modified their downspout such that the water flowed directly onto the Saelman driveway. Saelman did some elevated landscaping in his backyard that caused the Hills concern that they would encounter a drainage problem. By-law inspectors
Page 2
called by Hill did not feel the situation merited any action. Saelman erected a six-foot wooden privacy fence. The Hills then dug trenches. One directed water toward the Saelman garage and another was dug alongside the fence and filled with water in an attempt to destabilize it. The Hills also installed a spotlight that was directed toward the Saelman house and a surveillance camera directed at the property line. They played music loudly and installed no-trespassing signs. Saelman had installed large mirrors on his house to watch the property line. There were a couple of incidents whereby Mrs. Hill hit feet and legs of people on the Saelman property while using garden tools under the fence. Shortly after commencing this action, Saelman obtained injunctive relief restraining the Hills from trespassing and