Weenen v. Biadi, 2017 ONCA 533

June 22, 2017
On June 22, 2017, the Ontario Court of Appeal dismissed the appeal of Graziano Biadi in Weenen v. Biadi 2017 ONCA 533, awarding the respondent, Matthew Weenen, $50,000.00 in costs for the appeal. The dispute was tried over 18 days and centered on the extensive and prolonged flooding that Mr. Biadi had caused to Mr. Weenen’s lands as a result of Mr. Biadi’s dumping of thousands of loads of fill and other material on his property.

The cost award at the Court of Appeal brings the total damages and costs awards in favour of Mr. Weenen in the proceeding to $990,000.00. The decision in this case makes it one of the most significant negligence, nuisance and strict liability awards ever made in Canada in relation to flooding caused by a neighbouring property owner. Mr. Weenen also obtained mandatory orders at trial requiring Mr. Biadi to take steps to prevent further flooding to Mr. Weenen’s lands, and a dismissal of Mr. Biadi's counterclaims as "utterly without merit."

Trial judgment: Weenen v. Biadi, 2015 ONSC 6832.
Costs judgment: Weenen v. Biadi, 2016 ONSC 3309
Appeal judgement: Weenen v. Biadi 2017 ONCA 533.

Fasken Martineau successfully represented Mr. Weenen in a team led by Alex Cameron and that included Jesse Harper.