Is nuisance a separate field of tortious liability from negligence?
Ontario, Canada
The following excerpt is from Donley Investments Limited v. Canril Corporation, 2010 ONSC 4134 (CanLII):
While nuisance is a separate field of tortious liability and not merely an offshoot of the law of negligence, the two are often intertwined. “A nuisance may arise from an intentional or a negligent act. Negligence is not a prerequisite to an action for nuisance. A negligent act may, however be a constituent element of a nuisance or may itself constitute a nuisance.” (Hare v. Luiza, supra)
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