Private Nuisance protects people's use and enjoyment of their lands. It is often used to deal with noise, smells, fumes, dust, smoke coming from neighbouring lands. it can be fairly broad and include things like fire, blocked drainage, pollutants. There has to be actual damage which occurs.
The courts generally find a person has to tolerate a certain amount of noise, odour and pollution. What has to be found for liability is something more. The court will look at the context.
The Supreme Court of Canada in the case of Antrim Truck Centre Ltd. v. Ontario (Ministry of Transportation), 2013 SCC 13, [2013] 1 S.C.R. 594 defined private nuisance as follows at paragraph 18:
[A] nuisance consists of an interference with the claimant's use or enjoyment of land that is both substantial and unreasonable.
If you have had interference with your lands, please feel free to contact us.
The information contained in this article is not legal advice. No solicitor client relationship is formed through this article. The reader is encouraged to retain counsel for advice in these matters.
