What is the test for finding nuisance in a residential property?
British Columbia, Canada
The following excerpt is from Gautam v. Canada Line Rapid Transit Inc., 2010 BCSC 163 (CanLII):
In Sutherland v. Attorney General of Canada, [1997] B.C.J. No. 2550 (S.C.), 15 C.P.C. (4th) 329, 75 A.C.W.S. (3d) 218, the court stated that a finding of nuisance depended on two findings of fact: (1) that the conduct or acts complained of substantially interfered with the use and enjoyment of property; and (2) that the interference was unreasonable in light of all the surrounding circumstances.
"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
Does the Property Assessment Appeal Board err in law in finding that there was no evidence to support the negative impact of a midden on the subject property? (British Columbia, Canada)
What is the test for a CRT finding that noise in a residential unit is unreasonable or nuisance? (British Columbia, Canada)
What is the test for a finding that a judge must not make a finding which would directly contradict a finding previously made by another judge? (British Columbia, Canada)
When one spouse excludes property that is real property, is that a spouse entitled to an undivided half interest in the increased value of the property? (British Columbia, Canada)
What is the test for malicious intent in the context of an appeal against the findings of a finding of malicious intent? (British Columbia, Canada)
What is the property of a property that is unique and specific performance? (British Columbia, Canada)
Can a strata recover damages from a property owner who causes damage to common property or strata lot? (British Columbia, Canada)
What is the test for fraudulent misrepresentation in the purchase and sale of a residential property? (British Columbia, Canada)
What is the test for establishing that a party registered on the title of a property has a legal and equitable interest in the property? (British Columbia, Canada)
What is the test to prove fraudulent misrepresentation in the purchase and sale of a residential property? (British Columbia, Canada)
