Question
Dannis and Stathi are brothers and neighbours in a rural town in northern Ontario. Dannis is unhappy with the small size of a pond on
Dannis and Stathi are brothers and neighbours in a rural town in northern Ontario. Dannis is unhappy with the small size of a pond on his property. He wants to make it larger for swimming and fishing in the summer and ice-skating in the winter. However, the only way Dannis can do that is to extend the pond on to Stathi's property, Stathi refused to consent to that plan. Dannis even offered to buy a piece of Stathi's land, but Stathi has no interest in selling. Dannis then remembered some advice his mother, Toula, would tell them when they were younger: "It's easier to get forgiveness than permission.". While Stathi was awy on facatin, Dannis went ahead with his desired expansion and extended the pond onto Stath's property. When Stathi returned from vacation he was livid to see that his property now had a pond on it. Dannis tried, unsuccessfully, to apologize to Stathi. Stathi was very angry and has sued his brother in tort. What cause of action could Stathi use against Dannis? What remedies might he receive from a court?
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