MEMORANDUM OF LAW 7
Spears also alleged that Nadine Hilton the owner of the condominium ignored his
complaints and could not ask Richie and her children to stop the nuisance. Spears admitted that
Hilton did not commit any nuisance but the fact that he did not take actions to stop the nuisance;
he was also liable for the damages caused. On his defense, Hilton told the court that he always
meets with the plaintiffs, but she has never told him about the nuisance caused by her neighbor.
However, Hilton admits that he received a letter from Montreal which Spears had written
about the disturbance her neighbor causes to her. She also testified that she once went to knock
on Richie’s door to tell him to adjust his car in the parking space so that Hilton can park his. The
reason why she went to knocking on T0chie’s door was that there was loud music and Richie
could not hear any call outside by Hilton. Thus, this was evidence of playing loud and disturbing
music, and Hilton witnessed this.
Spears argued in court that the continuous nuisance or disturbances caused by Richie
compelled her to be taking trips for her peace of mind. She claimed that in 2004, she took 4 to 5
trips to evade the nuisance at home to find peace of mind somewhere else. In 2005, she took
double the trips she had taken in the previous year. She argued that by taking these trips, she
utilized her vacation time which her employer would have paid. Therefore, the defendants were
liable to pay for this loss.
In his defense, Hilton told the court that Spears never called him or informed him in any
way that she had any complaints against her neighbor Richie. She attested to the court that she
had not spoken with Spears on any issue apart from the occasional greetings. He told the court
that he first know about the disturbances caused by Richie when he received a letter from
Montreal. However, he had heard from Richie who claimed that Spears was annoying and very
trivial. He also stated to the court that he asked the prior tenant in Richie’s unit to leave because