What is the range of damages awarded in a personal injury action against a property owner who lost access to their property due to trespass?

British Columbia, Canada


The following excerpt is from Avender v Western Canadian Timber Products Ltd., 2018 BCSC 1711 (CanLII):

The plaintiffs appealed the damages award, arguing for the full cost of restoring the property to the same condition it was in before the trespass including the replanting of mature trees. The appellants took the position that where the trespass is wilful, the measure of damages should be based on the express wishes of the plaintiffs, not on the basis of a reasonable person. The court of appeal rejected the appellants’ arguments and upheld the trial decision. In doing so, it approved of the statement of Taylor J.A. in Dykhuizen v. Saanich (District), [1989] B.C.J. No. 1964, (B.C.C.A.) at para. 16: The damages in such cases may extend to the cost of restoration or restitution, within reasonable bounds, together with compensation for loss of amenity to the extent that complete restoration cannot reasonably be affected.

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