What is the test for nuisance and nuisance claims in the Courts of Appeal?

Saskatchewan, Canada


The following excerpt is from R. v. Bateman, 2009 SKQB 100 (CanLII):

I also agree with the position of the Minister that nuisance fails for the reasons outlined in paragraph 26 and that the claim in Rylands v. Fletcher fails for the reasons set out in paragraph 27.

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