D’Amico v. Atkinson
John Edward Atkinson
Law Firm / Organization
Rush Ihas Hardwick LLP
Giacomo D’Amico
Law Firm / Organization
Harris & Company LLP
Lawyer(s)

Kyle Sandulescu

  • Facts: Residential boundary dispute over a concrete block retaining wall encroaching on D'Amico's property.
  • Issue: Whether the wall should be removed or if an easement should be granted.
  • Court's Ruling: Dismissed D'Amico's petition for wall removal, granted Atkinson an easement for the encroachment, conditioned on payment of $2,000 to D'Amico.
  • Costs/Damages Awarded: Atkinson awarded Scale B costs; D'Amico awarded $2,000 for the easement.
Supreme Court of British Columbia
S137426
Civil litigation
$ 2,000
Defendant