Question 1:

Lincoln Ltd. and Douglas Inc. own adjacent buildings of similar size. Lincoln proposes an increase in the height of its building. Both the parties agree that increasing the height of Lincoln's building will cause snow to accumulate on the roof of Douglas's building, and that without reinforcement, the roof of Douglas's building will eventually collapse under the weight of the snow. Douglas sues Lincoln to prevent them it from increasing the height of its building. Assume that increasing the there are no zoning restriction preventing Lincoln from increasing the height of the building, and that all appropriate permits have been granted. Also assume that Lincoln and Douglas's buildings are located in a city in which it snows a lot.

• Should Douglas's case succeed?
• Assuming that the courts decide in Douglas's favour. What should the remedy be?

Question 2:

Forseveraldecades,therehasbeena"truckstop"atNelvana along Hwy. 99, on the long stretch between Mariposa and Manawaka. In addition to the gas station, diner and coffee shop, there is now a motel, a gift shop, a hunting and fishing supply shop, as well as Chinese, Italian, Indian and Greek restaurants. Each of these establishments own their respective properties. To provide improved transportation links to the booming Mariposa- Manawaka region, the Ontario government proposes a new 400-series highway to connect the two towns. Hwy. 499 will replace Hwy. 99. The proposed plans for Hwy. 499 will isolate the Nelvana stop: travellers will now have to take a two-kilometre detour from Hwy. 499 to get to Nelvana; part of this detour will be on an unpaved road. Both the Ontario government and Nelvana business owners agree that the new highway will result in the Nelvana businesses closing down. There is also a general consensus that Hwy. 499 will generate substantial economic benefits to the surrounding communities, and that it is infeasible to re- route Hwy. 499 in a way that will not isolate Nelvana. Note both Hwy. 99 and the proposed Hwy. 499 will be built solely on Ontario government land. The Nelvana business owners sue the Ontario government, asking for an injunction preventing the replacement of Hwy. 99 with Hwy. 499.

• Should the Nelvana business owners' lawsuit succeed?
• Assuming that their lawsuit succeeds, what should remedy should they receive?