What is the impact of loss of amenities in a residential development?

In Defrane v. Argo Contracting Ltd., 2010 BCSC 747, the court concluded that loss of amenities only becomes significant when complete restoration of the plaintiff’s land to its former condition cannot be achieved (para. 89). In the case at bar, it is possible to completely restore the land.

Hranka v. Zeibak, 2006 BCSC 1232, involved trespass, including the construction of a pool, patios, decks and landscaping in a previously unused lower portion of the plaintiff’s steeply sloped property. That area was not visible from the plaintiff’s house at the top of the property. There was no diminution of value. Relying on Kates, the court concluded that the defendant’s estimates more closely reflected the actual cost of putting the land in the condition that it was in before the trespass and awarded damages on that basis, noting that the award must reflect the “reasonable cost of doing the work in a proper manner” (paras. 52-53).