Latest news with #damages
CTV News
4 days ago
- General
- CTV News
B.C. court awards $22K in damages in neighbour dispute over trees
A B.C. judge has settled a dispute between neighbours over the felling of five fir trees, describing the case as a 'dismal and avoidable exercise.' Shelagh Margaret Prowal filed a civil suit seeking $100,000 in damages for trespassing during an incident in which a contractor hired by her neighbours chopped down the 30-metre-tall trees on her Boston Bar property, according to a decision posed online Tuesday. The neighbours, Sean Kevin Court and Trista Lynn Court, did not dispute that they told a hired tree faller to cut down the mature Douglas Firs. 'The defendants do not dispute that the trees were cut on their instructions, or that the trees were located on the plaintiff's property: they allege that the plaintiff provided consent,' Justice David A. Crerar's decision said. The decision – which awarded Prowal just over $22,000 in damages – came after a trial that saw problematic testimony from the both the plaintiff and the defendant, Sean Court. 'Neither were particularly credible or reliable witnesses. Both were argumentative and evasive in answering questions: their mutual antipathy was apparent. Both admitted and displayed that their memories and attentions to detail were imprecise. Their memories of the felling day were also incomplete and hazy,' the judge wrote. A dearth of evidence was also noted – including the failure of either party to call a key witness and the absence of photographs of the fallen trees. Further, the evidence that was presented was 'murky,' according to the judge. 'The court must, as best as it can, decide this dispute on the limited evidence before it,' the decision said. The relationship between the neighbours was one plagued by conflict including the installation of no trespassing signs, squabbles over a well, and multiple police complaints. The court heard. In the years leading up to the 2021 incident there were 'only a few interactions' – all of which were hostile. Court, in his testimony, said he told the tree faller to cut down his neighbour's trees after she explicitly told him he could during a spontaneous conversation in the yard. Prowal denied giving her neighbour permission and said she was unaware the trees were cut down until weeks later, when she saw the stumps and filed a police report. Given the strained relationship, the judge found it unlikely things unfolded the way Court said they did. 'It is implausible that Mr. Court would casually call over the wall and propose or request the significant undertaking of felling five trees, in a very brief and sudden conversation,' Crerar wrote. 'Nor is plausible that the plaintiff would casually, promptly and unambiguously provide authorization for the felling of these trees: it is clear that she is not a casual or easygoing person, especially in her dealings with the defendants.' The judge did, however, allow for the possibility that a boarder on Prowal's property said something to Court that he interpreted as permission to cut the trees down. The boarder, the decision noted repeatedly, did not testify. But Prowal 'acknowledged' that she sent him to speak with Court and inquire about the price of cutting down trees on the day they were ultimately cut down. 'Objectively viewed, such an inquiry, delivered through an imprecise vessel such as (the boarder), may well have been misinterpreted, and now misremembered by Mr. Court, as consent to fell the trees,' the decision said. This was not enough to establish consent, but the judge found it mitigated Court's culpability for the trespassing. Prowal claimed $50,000 in damages for 'loss of enjoyment and amenities' and the cost of replacing the trees, the decision said. She told the court – among other things – that she enjoyed watching wildlife in the trees, used one to hang a clothesline from, and enjoyed the shade the trees provided. 'The fact that the plaintiff did not notice the loss of the trees until two weeks after the event somewhat undermines her testimony as to their importance in her daily life,' the judge wrote. An expert arborist told the court the maximum cost of replacing the trees would be $25,900. The judge found there was no evidence Prowal had 'any intention' of actually replacing the trees and so reduced the amount by 25 per cent to reflect the 'timber market price' – for total damages of $19,425. Prowal also sought $50,000 in punitive damages – calculated on the basis of $10,000 per tree. Crerar rejected this, finding a much lower award of $2,000 was warranted on the ground that Court's actions were 'reckless' but that he had not 'flagrantly and deliberately proceeded to have the trees felled.' Prowal was also awarded $1,500 to reimburse her for the cost of a necessary land survey for a total of $22,925 in damages.
NHK
5 days ago
- Business
- NHK
Japan appeals court orders state, Tokyo to pay damages over false accusation
A Japanese appeals court has upheld a lower court ruling and ordered the central and Tokyo Metropolitan governments to pay increased damages over the wrongful arrest and detention of three people accused of illegal exports. The court also recognized the investigation by the Tokyo Metropolitan Police Department and prosecutors as unlawful. On Wednesday, the Tokyo High Court ordered the governments to pay over 166 million yen, or about 1.15 million dollars, in damages to the three plaintiffs. The plaintiffs are two executives and the bereaved family of another executive of Japanese chemical machinery manufacturer Ohkawara Kakohki. In 2020, Tokyo police arrested the three executives of the Yokohama-based company for allegedly exporting illegally to China and elsewhere machinery that could be converted for military use. Although they were indicted, prosecutors later dropped the charges in a rare move, and the three men were declared innocent. The plaintiffs sued the central and Tokyo governments, claiming that they suffered due to the illegal investigations. In the ruling on Wednesday, the Tokyo High Court's Presiding Judge Ota Teruyoshi said the Tokyo police's decision not to conduct the additional investigations that are usually required to determine whether a product is subject to export control lacked a rational basis. He added that the prosecutors had no reasonable basis to suspect the defendants of guilt. In 2023, the Tokyo District Court had ordered the two governments to pay damages worth over 162 million yen, or about 1.12 million dollars, to the plaintiffs.
Japan Times
5 days ago
- Business
- Japan Times
Central and Tokyo governments ordered to compensate over probe
The Tokyo High Court on Wednesday upheld a lower court ruling ordering the central and Tokyo Metropolitan Governments to pay about ¥166 million ($1.15 million) in damages over investigations into a case against spray-dryer-maker Ohkawara Kakohki. Teruyoshi Ota, presiding judge at the high court, backed the December 2023 ruling by the Tokyo District Court that found the investigations by the Metropolitan Police Department and the Tokyo District Public Prosecutor's Office into the company over its alleged improper exports illegal. The plaintiffs are the company based in Yokohama, CEO Masaaki Okawara, 76, former executive Junji Shimada, 72, and the family of former adviser Shizuo Aishima, who died at the age of 72 in February 2021 after being found to have stomach cancer while being detained. In 2020, Okawara, Shimada and Aishima were indicted on charges of illegally exporting a spray dryer that might be repurposed to make biological weapons. The charges were withdrawn the following year. In the trial at the high court, the company side argued that the police had the industry ministry distort its interpretation of export control standards, citing as new evidence memos of the investigations and testimonies by investigators. The central and Tokyo Metropolitan Governments claimed that the authorities had investigated the case according to the interpretation of the ministry from the beginning and that there was nothing unreasonable in their judgments, including the indictments against the three.
Free Malaysia Today
6 days ago
- Business
- Free Malaysia Today
Gerakan's No 2 granted ad-interim stay of execution in LGE defamation suit
Gerakan deputy president Oh Tong Keong filed an appeal on May 21 to challenge the judgment delivered by the High Court in George Town, Penang, on May 7. (Facebook pic) PETALING JAYA : Gerakan's Oh Tong Keong has been granted an ad-interim stay of execution of a High Court decision ordering him to pay damages to Lim Guan Eng for falsely accusing the former finance minister of helping a concert organiser obtain tax exemptions. On Sunday, FMT reported that Oh, who is the party's deputy president, had filed an application for a stay of execution on May 22 pending the outcome of his appeal against the High Court's verdict which awarded Lim RM550,000 in damages. Penang Gerakan today said that it had successfully raised RM200,000 to help Oh pay the damages. 'In addition, several generous individuals have stepped forward to temporarily advance another RM300,000, allowing us to fully gather a total of RM500,000,' it said in a Facebook post. The party's state chapter said that it would continue to raise funds to repay the advanced funds. Oh's Lawyer, Chai Ko Thing, last week said the appeal was filed on May 21. On May 7, the High Court awarded Lim RM550,000 in damages after ruling that Oh had falsely accused him of helping a concert organiser obtain tax exemptions while the former was the finance minister. Justice Kenneth St James ruled that Oh had defamed Lim at a press conference on Sept 25, 2019, and through a press release sent out via Penang Gerakan's official email address. The remarks were later published by China Press, which was also found liable. Oh had questioned why Lim had granted tax exemptions to WGW Entertainment Sdn Bhd and its owner, Hendrik Huang, for a Mandopop concert at Spice Arena. The judge found that Oh had no basis for his claims and gave no evidence that Lim knew Huang or had granted any tax privileges. He said although Oh's statements were framed as questions, they were found to be defamatory in nature and did not qualify as fair comment. Oh was also ordered to publish an unconditional apology to Lim in China Press, online and in print. He was also barred from repeating the claims. China Press was ordered to pay RM150,000 in damages, RM80,000 in costs, and interest at 5% per annum.
Yahoo
6 days ago
- Business
- Yahoo
Clariant rejects OMV's allegations against four companies related to the 2020 competition law infringement
AD HOC ANNOUNCEMENT PURSUANT TO ART. 53 LRMuttenz, 27 May 2025 Clariant, a sustainability-focused specialty chemical company, today announced that on 26 May 2025, the company received a claim for damages against four companies, including Clariant, from OMV with the court of Amsterdam, The Netherlands. The claim alleges damages totaling to around EUR 1 billion in relation to infringement of competition law on the ethylene purchasing market which was sanctioned by the European Commission in July 2020. Clariant firmly rejects the allegation and will adamantly defend its position in the proceedings. Clariant has substantiated economic evidence that the conduct of the parties did not produce any effect on the market. CORPORATE MEDIA RELATIONS Jochen DubielPhone +41 61 469 63 63 Ellese CaruanaPhone +41 61 469 63 63 Luca LavinaPhone +41 61 469 63 63 Follow us on X, Facebook, LinkedIn, Instagram. INVESTOR RELATIONS Andreas SchwarzwälderPhone +41 61 469 63 73 Thijs BouwensPhone +41 61 469 63 73 This media release contains certain statements that are neither reported financial results nor other historical information. This document also includes forward-looking statements. Because these forward-looking statements are subject to risks and uncertainties, actual future results may differ materially from those expressed in or implied by the statements. Many of these risks and uncertainties relate to factors that are beyond Clariant's ability to control or estimate precisely, such as future market conditions, currency fluctuations, the behavior of other market participants, the actions of governmental regulators and other risk factors such as: the timing and strength of new product offerings; pricing strategies of competitors; the company's ability to continue to receive adequate products from its vendors on acceptable terms, or at all, and to continue to obtain sufficient financing to meet its liquidity needs; and changes in the political, social and regulatory framework in which the Company operates or in economic or technological trends or conditions, including currency fluctuations, inflation and consumer confidence, on a global, regional or national basis. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date of this document. Clariant does not undertake any obligation to publicly release any revisions to these forward-looking statements to reflect events or circumstances after the date of these materials. Clariant is a focused specialty chemical company led by the overarching purpose of 'Greater chemistry – between people and planet.' By connecting customer focus, innovation, and people, the company creates solutions to foster sustainability in different industries. On 31 December 2024, Clariant totaled a staff number of 10 465 and recorded sales of CHF 4.152 billion in the fiscal year. Since January 2023, the Group conducts its business through the three Business Units Care Chemicals, Catalysts, and Adsorbents & Additives. Clariant is based in Switzerland. Attachment Clariant Ad hoc Release_Rejection of OMV Damage Claim 20250527 ENError while retrieving data Sign in to access your portfolio Error while retrieving data
