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Belperio v. Hermanns Realco Inc.
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Understanding the Tort of Nuisance: Lessons from Belperio v. Hermanns Realco Inc.
The recent decision in Belperio v. Hermanns Realco Inc. (2024 ONSC SC-21-1255) provides important insights into how the law handles disputes over nuisance and land use. This case, heard in the Ontario Superior Court of Justice (Small Claims Court) by Deputy Judge R.L. Bigioni, revolved around complaints about dust and dirt caused by a landscaping business. The plaintiff, Marco Belperio, was represented by Tigran Sandukhchyan, the Director and Founder of Lynxs Paralegal.
Case Summary
Marco Belperio, the plaintiff, lives in a rural home in Bradford, Ontario. He filed a claim against Hermanns Realco Inc., a landscaping supply business operating nearby. Mr. Belperio argued that the company’s activities, including maintaining large piles of mulch and topsoil, created significant dust and dirt, making it hard for him to enjoy his property.
The court addressed two key questions:
- Were the company’s actions causing a legal nuisance?
- If so, how much should the plaintiff be compensated?
What Is a Nuisance?
To prove nuisance, the plaintiff had to show:
- Interference: That the company’s actions caused a significant disruption to how he could use and enjoy his property.
- Unreasonableness: That this disruption went beyond minor inconveniences.
The court referenced earlier cases, including Antrim Truck Centre Ltd. v. Her Majesty the Queen in Right of Ontario ([2013] 1 S.C.R. 594), to explain these points. The defendant argued that since their business followed zoning rules and hadn’t faced complaints from local authorities, it couldn’t be a nuisance. However, the court clarified that following zoning laws doesn’t automatically mean there is no nuisance, citing Alchuk v. 2658131 Ontario Inc. (2024 ONSC).
What Did the Court Decide?
The plaintiff provided photos and videos showing dust from the business’s operations. The defendant claimed the dust could have come from other sources like nearby farms or traffic. However, the court found that the main source was the defendant’s mulch and topsoil piles. The court rejected the company’s claim that these materials couldn’t create dust, noting that common sense and evidence proved otherwise.
The court ruled that the company’s activities caused a significant and unreasonable disruption to Mr. Belperio’s ability to enjoy his property, especially outdoors during most of the year.
Compensation
The court awarded Mr. Belperio $18,500 for the loss of enjoyment of his property. The court declined to add punitive damages, as it did not find the company’s behavior extreme or malicious.
Key Takeaways
- Zoning Compliance Isn’t Everything: Just because a business follows zoning rules doesn’t mean it can’t be held responsible for nuisance.
- Evidence Matters: Photos, videos, and other proof can make a big difference in nuisance claims.
- Reasonable Expectations: Homeowners in rural areas have the right to expect a reasonable level of peace and enjoyment on their properties.
This case highlights the importance of balancing business operations with the rights of nearby residents. For businesses near residential areas, it’s a reminder to consider how their activities might affect neighbors and to take steps to prevent nuisances.
