What is the test for liability in nuisance?
British Columbia, Canada
The following excerpt is from Spika v. Port Alberni (City), 2002 BCSC 700 (CanLII):
Did the defendant's use of its storm drainage system constitute an unreasonable and substantial interference with the plaintiff's property thereby constituting a compensable nuisance? Although, on the facts of Tock, above, the rule in Rylands v. Fletcher did not apply, Wilson J. found liability in nuisance, concluding that the escape of water onto the plaintiff's land constituted an "unreasonable interference with the appellant's use and enjoyment of the property..." (p. 1206).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is a nuisance and what is the test for liability for nuisance? (British Columbia, Canada)
What is private nuisance and what is the test for nuisance? (British Columbia, Canada)
What is the test for strict liability in nuisance cases? (British Columbia, Canada)
How have courts treated nuisance claims in nuisance cases? (British Columbia, Canada)
Is a contractor required to indemnify the city against liability under the Occupiers Liability Act? (British Columbia, Canada)
Does a formal offer to settle a claim against a plaintiff be apportioned costs based upon division of liability based upon a division of costs based on division of liabilities? (British Columbia, Canada)
What is immunity from liability in nuisance claims? (British Columbia, Canada)
What is the state of the law on municipal liability for nuisance claims? (British Columbia, Canada)
Does nuisance constitute nuisance in a strata setting? (British Columbia, Canada)
What is the current state of the law in BC when it comes to liability for visual nuisance? (British Columbia, Canada)
