Injurious Affection, No Land Taken: Just a Nuisance, or More?(Archived Video Stream) 

Feb. 29, 2012
Toronto Online

This is the archived version of a program presented on February 29, 2012.  This will not become available until 2 weeks after the orginal program date.  To order this format please click on the "REGISTER NOW" button.   

Injurious affection where no land is taken, with its foundation on nuisance law and its shelter under the Expropriations Act, has always made for challenging disputes between landowners and authorities. But with recent decisions of the Courts of Appeal for Ontario (Antrim) and British Columbia (Heyes) denying landowners' claims, has the pendulum swung away from claimants, or have the Courts simply tidied up the law?

And there's a further challenge coming: recent case law suggests class action lawsuits are more properly advanced as injurious affection cases at the Ontario Municipal Board. How would the Board handle mass claims? Our experienced panel will provide the owner perspective and the authority perspective on these challenging issues.


Authority perspective: Brendan O'Callaghan, City of Toronto
Owner perspective: Michael Melling, Davies Howe Partners LLP

Program Co - Chairs:

J. Pitman Patterson, Borden Ladner Gervais LLP
Paul Scargall, Rueter Scargall Bennett LLP
Nicole Auty, City of St. Catharines

In Partnership with


printPrint     Bookmark and Share

    Viewer Specifications for Archived Video Stream
    Adobe Flash Player 10.0+ Test | Update
    Adobe Acrobat Reader 10.0+ Update
    High-speed internet connection Test
    Modern web browser, e.g. Internet Explorer 7+

    For 1 to 3 Participants
    CBA Member: $40*
    Non-Member: $65*

    For 4 or more Participants
    CBA Member: $65*
    Non-Member: $100*
    *plus applicable taxes



Ontario Bar Association
Tele: (416) 869-1047
Toll-free in Ontario