What is the effect of counsel concurring on the issue of nuisance to the jury?
British Columbia, Canada
The following excerpt is from Ross v. Wall, 1980 CanLII 432 (BC CA):
In the circumstances of counsel concurring, which I understand is what happened, my opinion is that the trial judge did not err in putting the issue of nuisance to the jury in accordance with the Sedleigh-Denfield v. O'Callaghan principles. I would therefore reject this ground of appeal. It is the only one which was argued respecting liability.
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