Does the distinction between nuisance and trespass matter matter?
British Columbia, Canada
The following excerpt is from Allison v. Radtke, 2014 BCSC 1832 (CanLII):
The jurisprudence which discusses the distinction between nuisance and trespass is instructive with respect to the validity of the Plaintiffs’ trespass claim. In Plaunt v. Renfrew Power Generation Inc., 2011 ONSC 4087, R. Smith J. reviewed this jurisprudence, a portion of which is particularly helpful:
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