What is the appropriate range of damages for damages for loss of trees and loss of the value of land?
Ontario, Canada
The following excerpt is from Murphy v. Mullen, 2021 ONCA 872 (CanLII):
There was no evidence as to either the value of the trees or the decrease in value of the land. In any event the trial judge concluded that the appropriate approach to damages was that taken in Kates v. Hall, 1991 CanLII 1127 (B.C.C.A.), aff’g [1989] B.C.J. No. 1358 (S.C.), namely the amount “sufficient to pay for the remedial work which a reasonable person without monetary constraints in the plaintiff’s position would have implemented had the loss been caused without fault on anyone’s part”: Kates, at p. 6.
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