TMS Lighting Ltd manufactured high end commercial lighting fixtures on a prestigious industrial/commercial area of Brampton, Ontario. TMS purchased this location because it required clean premises for its lighting fixture manufacturing facility. KJS Transport Inc., which operated a long-haul trucking service, moved in next door some time later. Unfortunately for TMS, KJS's operations interfered with its manufacturing operations. KJS did not pave its parking lot. As a result, over the next four years, dust particles raised by KJS trucks driving on its unpaved parking lot caused damage as dust blew into TMS's factory and settled on lighting products manufactured on site. Even if TMS closed all its windows and doors, factory fans would draw in dust. And the heat inside the factory created intolerable working conditions. Production would then have to slow down or halt altogether. When KJS failed to remedy the situation, and TMS is considering a legal action.

Applying the relevant and correct principle(s) of intentional tort discuss the following questions:

1. Identify the applicable intentional tort outlining and discussing the elements. Discuss whether TMS will succeed in their legal action. (6 marks)