CIVIL PROCEDURE - Appeals - Misapprehension of or failure to consider evidence - Injunctions

Law360 Canada ( November 4, 2024, 1:33 PM EST) -- Appeal by appellants from trial judge's dismissal of their claims and refusal of injunction sought. The case involved a dispute between the parties over the use and maintenance of a shared well located partly on each party's land. The conflict escalated over the years, with the appellants accusing the respondents of invading their privacy and seeking an injunction to prevent the respondents from recording their activities or entering their property. The respondents counterclaimed, seeking declaratory relief regarding the use and access to the well, a permanent injunction restraining the appellants from having any contact with them, and damages. The trial judge found that the respondents had proven their claims of assault, battery, trespass, and nuisance, awarded them damages and granted the injunctive relief sought. On appeal, the appellants argued that the trial judge erred in assessing the appellants' credibility and in awarding inordinately high damages....
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