I think he would have a hard time proving an unreasonable use/enjoyment of the property using the current test for private nuisance in Canadian tort law. "Unreasonable" is a fact-driven assessment, and the act would: a) not be tolerated by ordinary occupier; b) materially interfere with ordinary comfort; c) be unreasonable in light of all the circumstances. To defend against this, you'd want to demonstrate that your use of the land is reasonable.
If the branch does in fact interfere with the day home license that could be a pretty big issue, but I don't know if that's the case here. I think this guy would have difficulty proving all this on a balance of probabilities.
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