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Baumann v. Capello
  • Facts: Baumann alleged ongoing nuisance from Capello's property construction causing water and debris migration onto his property.
  • Issues/Main Discussion: Liability for nuisance, Rylands v. Fletcher tort, damages, and whether punitive damages and a permanent/mandatory injunction should be awarded.
  • Ruling: Defendants found liable for nuisance. Baumann awarded $19,000 in damages from Capello and $11,000 from 1693876 Ontario Inc. A mandatory injunction was granted against 1693876 Ontario Inc. No punitive damages awarded.
  • Amount Awarded: Total of $30,000 in damages and a mandatory injunction.
ROLF BAUMANN
Law Firm / Organization
Vice & Hunter LLP
Lawyer(s)

J.F. Lalonde

GREGORY CAPELLO
Law Firm / Organization
MR Legal Law Firm
Lawyer(s)

Michael Rappaport

1693876 ONTARIO INC.
Law Firm / Organization
MR Legal Law Firm
Lawyer(s)

Michael Rappaport

Superior Court of Justice - Ontario
CV-18-77889
Tort law
$ 30,000
Plaintiff