In what circumstances will common sense appreciation of practical feasibility be appreciated?

Newfoundland and Labrador, Canada


The following excerpt is from St-John's (City) v. Lake, 2000 NFCA 48 (CanLII):

In Tock, having quoted the reference to common sense appreciation ... of practical feasibility in view of situation and of expense in Manchester Corporation v. Farnworth, Sopinka J. went on to state, as noted above, the mere fact that one method is considerably less expensive will not avail and if only one method is practically feasible it must be established that it was practically impossible to avoid the nuisance.

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