Claims by the Havelkas:

• Alleged that the construction of a new wharf adjacent to their home (March 2019 – October 2020) caused nuisance, interfering with their property’s enjoyment and impacting their mental and physical health.
• Claimed negligence by Greenfield in carrying out the work.
• Sought damages, injunctions, and legal costs.

Defense by Greenfield & Canada:

• Argued they acted lawfully under statutory authority (Fishing and Recreational Harbours Act & Department of Public Works and Government Services Act).
• Denied causing a compensable nuisance or acting negligently.
• Asserted statutory immunity, shielding them from liability.

Court's Findings:

• Acknowledged significant disruptions (noise, dust, lights, blocked access) but found they were reasonable consequences of a necessary public project.
• Found no negligence by Greenfield.
• Ruled that statutory immunity applied, making both Canada and Greenfield not legally liable.
• Concluded that reasonable mitigation efforts were made.

Final Decision:

• All claims dismissed.
• Costs submissions pending.
• No monetary award determined in the decision.