What is the legal test for a party who causes a private nuisance?
British Columbia, Canada
The following excerpt is from 0915438 B.C. Ltd. v. Parker, 2020 BCCRT 1176 (CanLII):
29. A private nuisance occurs when a person substantially and unreasonably interferes with a property owner’s use or enjoyment of their property. I find this is the same standard imposed by the strata’s bylaws. However, if the person is not aware of the problem that causes the interference, and had no reason to know of the problem, they will not be liable because they did not act unreasonably (see Theberge v. Zittlau, 2000 BCPC 255).
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