What is the test for liability in public nuisance cases?
British Columbia, Canada
The following excerpt is from Trans Mountain Pipeline ULC v. Gold, 2014 BCSC 2133 (CanLII):
Insofar as public nuisance is concerned, the defendants rely on the judgment of the SCC in Ryan v. Victoria (City), 1999 CanLII 706 (SCC), [1999] 1 S.C.R. 201, 168 D.L.R. (4th) 513, and submit that the tort is not made out where the activity at question affects only the plaintiff’s private interests. They contend that the activity must affect the rights of the public generally and the plaintiff specifically in order to engage liability under the rubric of public nuisance.
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