• CASE: The Case of the Nasty Neighbours, and the Notification that Named Them
• Jack and Jill lived next door to Barney and Wilma in a residential neighbourhood in the Lower Mainland of British Columbia. They had lived beside each other for ten years. Jack cheered for the Edmonton Oilers hockey team. Barney was a Vancouver Canucks fan. Other than a friendly rivalry over who had the better team, Jack and Barney and their respective spouses did not communicate much. On the Barney and Wilma property, a large maple tree had been growing and each year Wilma enjoyed sitting out on her back porch with a refreshment in hand as the branches grew and gave her shade against the hot sun. She had very sensitive skin so the protection of the branches and leaves was a welcome respite. The tree was planted about six feet from a fence on the property line which Barney and Wilma had erected and paid for. Over the years, the branches of the maple tree grew longer. Soon, several large branches extended over the fence and blocked the sun shining into the back yard of the Jack and Jill property. Jill began to complain that the maple tree was preventing her from working on her suntan in her yard, which she liked to do when the weather permitted. Jill also noticed that the fence was quite unstable as the tree's roots were pushing up through the ground. 6 Jack wanted an end to his wife's complaints, so he bought a large chainsaw and, using a ladder, he cut the branches that were blocking the sun from shining into his back yard. He cut the offending branches right back to the fence, from the top to the bottom of the tree. As a result of this surgery, the maple tree died. Wilma was furious. Her skin condition subsequently worsened as a result of the sun hitting her face as she sat on her back porch. It did not help matters that when Jack was cutting the branches he loudly proclaimed, in a high-pitched giggle, that anyone who supported the Vancouver Canucks must be a loser. Barney told Jack that the branches could not be cut because the tree was his. Jack ignored him. Barney and Wilma then placed a sign on their front lawn stating: "Jack and Jill are not nice people." Jack saw the sign. He took the sign down and placed it in his garage. Barney and Wilma then put up another sign saying: "Jack and Jill killed our tree; they are mean, nasty people and may the Lord strike them down!" Jack and Jill sued Barney and Wilma over the signs. Barney and Wilma counter-sued Jack and Jill over the loss of their tree. Jack and Jill were successful at trial, and the court dismissed the lawsuit brought by Barney and Wilma. Barney and Wilma appeal.

QUESTIONS:

1. What is the legal issue?
2. What is the legal test to be applied?
3. How should the legal test be applied to the fact presented?
4. What is the most probable legal resolution of the Case, having regard to the legal test and its application to the fact Presented?

All ANSWERS must be based on the Canadian Law