The damage she has suffered is indivisible as between the two causes. The noise itself has been the major contributing factor. It is not necessary that the tortious conduct of the defendants be the sole cause of the injuries sustained. It is enough if the tortious conduct is a materially contributing cause of the injury. In such circumstances the defendants are liable for the whole loss. There is, therefore, no room for apportionment of the loss or reduction of the damages based upon the fact some of the injury results from the dispute itself rather than the nuisance; see Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at 467-468.
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