What is private nuisance and what is the test for nuisance?
British Columbia, Canada
The following excerpt is from Elizabeth Bagshaw Society v. Breton, 1997 CanLII 2135 (BC SC):
Private nuisance has been described as follows: [p]rivate nuisances, at least in the vast majority of cases, are interferences for a substantial length of time by owners or occupiers of property with the use or enjoyment of neighbouring property. (Cunard v. Antifyre, [1933] 1 K.B. 551, 556 - 557, as cited in Salmond and Heuston, supra, at 57).
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