The fueding jekylls and hydes

Document Type:Thesis

Subject Area:English

Document 1

Appellant And Mr. and Mrs. Jekyll……………………………. Respondent Being an appeal from the Judgment made by the high court in Province of British Columbia dated 14 February 2019. Bill & Lynne Advocates………………………. Jekyll as it comes to her rescue from sunlight during her rests. The tree is within the Jekyll`s boundaries though growing near the boundary to the Hydes. As the tree grew branches, they extended past the fence likely causing damage to the fence. Despite the possible damages, the fence was erected by the Jekylls. Contrary to Mrs. Jekyll burns the dead tree which produces smoke drifting to the Hydes. Mrs. Hydes is asthmatic, and the smoke aggravates her situation. With the Jekyll`s realization of Mrs. Hyde`s health conditions to the smoke, he volunteers to burn the hood`s waste to create more smoke to make the Hydes uncomfortable.

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The lordship also dismissed the case against the appellant citing that no culpability was on their side. Decision to appeal Aggrieved by the decision of the court, the appellant appealed to this court through the provisions for appeal under Memorandum of appeal dated 20th February 2019. The appellant launched an appeal at the court`s sub-registry in the province of British Columbia on 25th February 2019. The appeal is anchored on different grounds which include; 1) The trial judge erred in the fact and in law for pronouncing the judgment unprocedurally without taking into consideration the process steps allowed for cases of this magnitude. 2) The learned trial judge failed to hear the appellant before making the judgment and therefore erred in the law by the fact that he failed to take into consideration both accounts of the case.

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A further 1000 dollars is sought for slander, libel, and misdemeanor propagated by the respondent against the appellant. Legal restrictions are also sought against the respondents for making harmful bonfires within the neighborhood. RULES OF LAW Canadian criminal code (R. S. C 1985, c. Any reference to words within the act construed as incorporating visual images, pictures, gestures, and other signifying meanings constitute both slander and libel (Printers Q, 2019). Ontario Forestry act section 10 (2) The owner of lands may only plant trees on the boundary between two properties only with the consent of the adjoining landowner. Every tree to which it trunk is growing on boundaries between adjoining lands is a common property to the two lands (CIF. Private or public landowners should not rely on the alignment of a fence to be a reliable indicator of the actual boundary line.

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They should be seen as a general indicator and not an accurate indicator of the exact boundary lines. The act also has to cause a particular result established in law and in fact. The result becomes the distinction between biological, social, physical and medical results and the legal boundaries that attribute responsibility to the accused for the injury (Hodgson, 2016). The standards of proving the causation and injury are similar to all homicide offenses. The doctrine of intervening plays the role of limiting the range of legal causation. There is universal recognition of the intervening cause that cuts the causation links between the injured party and the individual accused of the offense (Hodgson, 2016). Hydes (respondent). The respondents had been clearly aware of the dangers their tree was causing to their neighbor but reluctantly failed to take any action.

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According to Lonsdale v Nelson of 1823, the nuisance is committed by an act of commission as they are in defiance of the appellant who suffers the injuries of the tree. The appellant then had every right to abate the nuisance by cutting the tree without further notifying the respondent. On getting tired of hearing his wife complaining, the appellant took the matters directly within the law by getting a saw and felling the tree. By permitting the tree to grow within their backyard, the respondents are assumed to have taken over the responsibilities of the tree. The respondent suffered the growth of their tree to the neighborhood and action has to lie against him at the suit of the neighbor as the neighbor has suffered injury.

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The respondents then have a responsibility in compensating the appellants as they suffered injury from the stretched branches. The costs of injuries to the appellant must, therefore, be compensated by the respondent to the extent of the injury. By lighting bonfires within the neighborhood, the respondent created forms of a nuisance to the immediate environment and the appellant in particular. O. MASIL & CO. Advocates acting on behalf of the respondents accused the appellant of medical injuries following the cutting of the tree. However, they failed to recognize the significance of the accused`s actions contributing to the injury. By moving out to denounce the appellants as not nice people is within the rights and legal provisions for personal opinion. He instead gets damages for being publicly defamed.

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