Weenen v. Biadi |
2015 CarswellOnt 17543 |
Ontario Superior Court of Justice
Torts | Malicious prosecution and false imprisonment | Establishing elements | Want of reasonable and probable cause | Miscellaneous
Defendant purchased property adjacent to plaintiff's rural property and began adding earth and fill on his lands that raised their elevation and significantly increased natural flow of surface water flowing from defendant's property to plaintiff's — Defendant did not maintain culvert and constructed swales upon municipality's order that were inadequate — Plaintiff's property suffered extensive flooding, rendering much of lands unusable and possibly damaging his buildings — Plaintiff brought action against defendant in nuisance, negligence, and pursuant to strict liability doctrine; Defendant counterclaimed against plaintiff, his live-in girlfriend, former owner of property, and plaintiff's trustee for trespass, loss of enjoyment of property, nuisance, harassment, negligence and malicious prosecution — Action allowed; Counterclaim dismissed — Plaintiff's girlfriend instituted criminal proceeding against defendant, which ended when defendant entered into peace bond — While he was not convicted, criminal proceedings did not terminate in defendant's favour — On balance of probabilities, girlfriend heard defendant threaten death — Defendant did not prove that girlfriend did not have reasonable cause to go to police and she did not act maliciously — Parties lived in relatively isolated rural area — Dispute was very heated for many years — Girlfriend had reason to fear defendant — As there was insufficient evidence that plaintiff caused girlfriend to make complaint to police, claim against him for this matter could not succeed.