What is the test for a plaintiff to bring a claim in nuisance?
Ontario, Canada
The following excerpt is from Kay v. Caverson, 2011 ONSC 4528 (CanLII):
As noted above, a claim in nuisance requires not only proof of injury but also proof of actual damage. In Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] S.C.J. No. 102, 140 D.L.R. (4th) 235, in considering what has become known as the "crumbling skull" doctrine Major J. for the court noted that the plaintiff's original and pre-existing condition must be considered. He stated at para. 35 that the defendant "need not put the plaintiff in a position better than his or her original position."
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