Case information

Property — Flow of water — Neighbourhood disturbances — Invasion of privacy — Civil liability — Damages — Possibility of Court of Appeal refusing to intervene because of deficiencies in evidentiary record, and measure in which courts can make and uphold injunctive orders and findings of liability in private dispute between neighbours, in particular with respect to flow of water, surveillance, privacy and discrimination, when sufficiency and reliability of evidence are contested.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The dispute is between owners of neighbouring residences who made various accusations against each other following landscaping work carried out by the applicants, Alfred Raoul Boutom and Christiane Abigaelle Kouélieu. The respondents, Yvan Sauriol and Josée Richard-Sauriol, alleged, among other things, flow of water problems and neighbourhood disturbances, whereas Mr. Boutom and Ms. Kouélieu reported constant surveillance, denigration, harassment, racial discrimination and invasions of their privacy. The Quebec Superior Court allowed in part the originating application of Mr. Sauriol and Ms. Richard Sauriol, ordered various corrective measures as well as the payment of damages, while dismissing the cross demand of Mr. Boutom and Ms. Kouélieu. The Quebec Court of Appeal dismissed the appeal and upheld the trial judgment.