How have courts treated nuisance claims in nuisance cases?
British Columbia, Canada
The following excerpt is from Sutherland v Attorney General of Canada, 2001 BCSC 1024 (CanLII):
In Miller v. Jackson, [1977] 3 All E.R. 338 at 349 (C.A.) a like issue raised was answered: it is no answer to a claim in nuisance for the defendant to show that the plaintiff brought the trouble on his own head by building or coming to live in a house so close to the defendant’s premises that he would inevitably be affected by the defendant’s activities, where no one had been affected previously.
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