What is the test for determining whether a property owner was responsible for creating a nuisance?
British Columbia, Canada
The following excerpt is from Downey v. Traub, 2020 BCCRT 1370 (CanLII):
14. If a property owner did not actively create the nuisance, they will not be found liable unless they knew or ought to have known of the facts constituting the nuisance (Lee v. Shalom Branch #178, 2001 BCSC 1760 at paragraphs 17 to 22).
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