What is the test for damages in nuisance on an injunction application?
British Columbia, Canada
The following excerpt is from Ahmed v. Vancouver (City), 2011 BCSC 531 (CanLII):
On the relatively low threshold on an injunction application, the plaintiff may be able to establish that he has a claim in nuisance. It is in relation to that potential claim that I must determine where the damages the plaintiff claims to have suffered are irreparable. I am not satisfied on balance that they are. Damages in nuisance, even those arising out of non-pecuniary losses may often be compensated for by a monetary award, as in Kenny v. Schuster Real Estate Co. Ltd., 1990 CanLII 1092 (B.C.S.C.) and Sinn v. Arena Developments Ltd., [1986] B.C.W.L.D. 530 (B.C.S.C.).
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