What is the test for nuisance and trespass?
Ontario, Canada
The following excerpt is from Smith v. Inco, 2012 ONSC 4749 (CanLII):
This action is a class proceeding that was commenced against Inco on behalf of most of the property owners in the City of Port Colborne. It was alleged that the soil on the lands owned by the class members was contaminated by nickel emissions from the Inco refinery. The claim was grounded in the torts of nuisance and trespass, and the doctrine in Rylands v. Fletcher.
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