What is a nuisance and what is the test for liability for nuisance?

British Columbia, Canada


The following excerpt is from Yu v. Yang, 2022 BCCRT 119 (CanLII):

21. A nuisance occurs when a person unreasonably interferes with the use or enjoyment of another person’s property. However, if the person is not aware of the problem that causes the interference, and has no reason to know about it, they will not be liable because they did not act unreasonably: see Theberge v. Zittlau, 2000 BCPC 225.

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