Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

Citation: Crocker v. Dubois, 2010 NSSC 279

 

Date: 20100716

Docket: Hfx. 274903

Registry: Halifax

 

Between:

Barry Paul Crocker and Theresa Marie Crocker

Plaintiffs

v.

 

John Lewis Dubois and Yoland Dubois

Defendants

 

LIBRARY HEADING

 

 

Judge:                            The Honourable Justice Charles E. Haliburton

 

Heard:                            March 22, 23, 24, April 26, 27 & May 6, 2010

in Halifax, Nova Scotia

 

Written Decision:  July 16, 2010

 

Subject:                          Trespass, damages, the “shore” of a lake

 

Summary:                      Plaintiff constructed a fence extending into the foreshore of a lake.  It affected Defendants access to the lake.  Defendant removed the fence extension incidentally trespassing on Plaintiff

 

Issue:                    Locating “Ordinary High Water” as boundary of private property

 

Result:                            Trespass was established.  Nominal damages

 

 

 

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