How have the courts in BC dealt with nuisance claims?
Ontario, Canada
The following excerpt is from Fiuza v Creekside Real Estate Group Inc., 2019 CanLII 45625 (ON SCSM):
The plaintiffs’ claim is based on nuisance. Negligence was not argued in final submissions. In support of their claim, the plaintiffs relied on Suzuki v. Munroe, 2009 BCSC 1403. In that case, the plaintiffs complained about significant disruption to their reasonable enjoyment due to the defendants’ noisy air conditioner. Based on professionally-obtained, objective evidence of excessive noise levels, the plaintiffs were successful. This case is easily distinguishable, since there was no objective evidence of excessive noise in this matter.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have the Courts in the Republic of Ireland dealt with a claim for damages arising out of a motor vehicle accident? (Ontario, Canada)
How have the courts dealt with a management expense claim for the purposes of settlement? (Ontario, Canada)
How have courts dealt with a claim by the great aunt and her husband for state funded counsel in a child protection proceeding? (Ontario, Canada)
How have the courts interpreted the principles of the Court of Arbitration for the purpose of making decisions at an arbitrator rather than the court? (Ontario, Canada)
How have courts dealt with contempt cases where a contemnor disregarded a court order to deliver business records? (Ontario, Canada)
How have courts dealt with misrepresentation claims in motor vehicle cases? (Ontario, Canada)
How has the court dealt with a claim for minimum wage imputing income against the payor? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
How have courts dealt with allegations of controlling and intrusive behaviour by the husband in a claim for non-dissipation of assets? (Ontario, Canada)
How have the courts dealt with a deed of property to trustees to pay certain valid claims? (Ontario, Canada)
