Is nuisance a legal characterization rather than trespass?

Ontario, Canada


The following excerpt is from Plaunt v. Renfrew Power Generation Inc., 2011 ONSC 4087 (CanLII):

In Grace v. Fort Erie, supra, the plaintiffs alleged that the discharge of contaminated water, which reached the properties of the plaintiffs through a water distribution system operated by the City, caused damage to their sinks and clothing and constituted a trespass. In Grace v. Fort Erie, supra, the court held that nuisance was a preferable legal characterization rather than trespass and analyzed the criteria for certification on that basis.

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