Poysor v Cowan, 2021 ONSC 7474

This 2021 Ontario Superior Court decision (Poysor v Cowan, 2021 ONSC 7474) involved a property dispute where one defendant removed trees near a shared property line in Mount Brydges.

Case Details

The plaintiff owned approximately 50 acres of woodlot on Irish Drive, while the defendant (Chimo Farms Limited) operated adjacent farm property. In 2016, Chimo Farms hired R&S Graham Contracting to clear encroaching vegetation using an excavator, relying on fence markers to determine boundaries.

The parties later agreed the fence “did not completely follow the property line” and in some areas ran inside the plaintiff’s property.

Plaintiff’s Claims

The property owner sought damages totaling approximately $195,686, including:

• Tree replacement: $186,450
• Fence repair: $8,048
• Survey and marking costs: $1,188

Court Decision

Justice George awarded significantly less than claimed:

• Tree replacement: $12,087.45
• Fence repair: $4,024 (half the amount, citing the fence’s age)
• Survey and marking: $1,188
• Loss of amenity: $7,500

The judge found the encroachment was “minimal” and rejected the plaintiff’s higher damage estimates, emphasizing that “damages ought to be modest where the trespass has not affected the Plaintiff’s actual enjoyment of the property.”

At trial, our office substantially reduced the Plaintiff’s claim for damages.