6.(6 Marks) Patricia lives in a suburb of Toronto. The Go train station is within walking distance of Patricia's home. Last year, the Go Train Authority expanded the train tracks, which resulted in the removal of a neighourhood the park and a major transit line being built behind Patricia's home and her neighbours' homes. Patricia and her neighbours are upset because they can no enjoy their backyards because the noise of trains, and their kids can no longer play on the front yards because of the increase in car traffic in and out of the Go station.Metrolinx, an agency of the Government of Ontario, had the authority to build the station under theMetrolinx Act, 2006. Last month, Metrolinx held a community meeting to explain the project and they explained that they considered all the options but thatMetrolinx Act, 2006 specifically stated in the legislation that the location of the tracks would be built behind their homes.

(1 Mark) A tort has been committed? True or False

(2 Marks) Explain the tort, and whether Patricia and the neigbours can prove the elements of the tort?

(3 Marks) Name the defence, and explain the defence that the Metrolinx lawyers will argue.