What is the current state of the law in BC when it comes to liability for visual nuisance?
British Columbia, Canada
The following excerpt is from Westerby v. Balmer, 2020 BCCRT 1216 (CanLII):
46. Most nuisance cases address noise, water, vibration or odour rather than visual appearance. This is because these items physically travel onto adjacent properties. Courts have not generally found liability for “visual nuisance” because it is non-intrusive and does not travel physically, unless there is glare off a reflective surface. Blocking or changing a view - even a beautiful view - has not been held to be a legal nuisance: Zhang v. Davies, 2017 BCSC 1180, paragraph 83.
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