What is the test for causing nuisance in a tort action?
British Columbia, Canada
The following excerpt is from Sadowick v British Columbia, 2019 BCSC 1249 (CanLII):
In Murray v. Langley (Township), 2010 BCSC 102, Adair J. stated the following at para. 36: Causation is a pre-requisite to a finding of nuisance. As set out in Linden and Feldthusen, Canadian Tort Law (8th ed., 2006), at p. 569: The onus of proof that the defendant caused and unreasonable interference with the use and enjoyment of the plaintiff’s land rests on the plaintiff, but once that is shown, the onus is on the defendant to establish that the use of the land is reasonable.
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