from the date of termination on June 14, 2015 to the date of
judgment and thereafter as incurred.
 If the parties cannot agree on costs, either may apply to
the trial coordinator within 30 days for an appointment to argue
costs, failing which, costs will be deemed settled.
Allen et al. v. MacDougall et al.
[Indexed as: Allen v. MacDougall]
2019 ONSC 1939
Superior Court of Justice, E.M. Morgan J.
March 27, 2019
Real property — Nuisance — Applicants applying for order authorizing
removal of mature healthy maple tree on boundary line between their
property and respondents’ so that they could build extension onto their
residence — Application dismissed — Tree not interfering with applicants’
current use and enjoyment of their land — Tree not constituting nuisance
simply because it prevented extension of residence in proposed form.
The parties shared a mature, healthy maple tree that straddled the boundary
line between their two properties. The applicants applied for an order authorizing
the removal of the tree so that they could build a proposed extension onto their
Held, the application should be dismissed.
The tree had not caused damage to the applicants’ house or to any other structure or amenity built on their land. It was not interfering with their current use
and enjoyment of their property. It pre-dated their arrival on the scene and was
one of the defining characteristics of the neighbouring properties. The tree was not
a nuisance simply because it prevented the building of the extension in its proposed form. There was no indication that the applicants had explored any alternative design. They had failed to demonstrate that there was no reasonable
alternative to removing the tree.
Antrim Truck Centre Ltd. v. Ontario (Minister of Transportation), 
1 S.C.R. 594,  S.C.J. No. 13, 2013 SCC 13, 355 D.L.R. (4th) 666, 441 N.R.
342, J.E. 2013-433, 301 O.A.C. 281, 99 C.C.L. T. (3d) 1, 73 C.E.L.R. (3d) 1, 
I.L.R. ¶G-2501, 26 R.P.R. (5th) 1, 108 L.C.R. 157, EYB 2013-219083, 2013EXP-803,
223 A.C. W.S. (3d) 970, apld
Other cases referred to
Centrum Land Corp. v. Institute of Chartered Accountants of Ontario (1988),
64 O.R. (2d) 289,  O.J. No. 350, 3 C.E.L.R. (N.S.) 330, 9 A.C.W.S. (3d)