What is the test for the tort of nuisance?

British Columbia, Canada


The following excerpt is from Murray v. Langley (Township), 2010 BCSC 102 (CanLII):

In St. Pierre v. Ontario (Minister of Transportation and Communications), 1987 CanLII 60 (SCC), [1987] 1 S.C.R. 906 at pp. 914-915, the court also referred with approval to the following definition of the tort of nuisance from Street, The Law of Torts (6th ed., 1979) at p. 219 (italics in original): A person, then, may be said to have committed the tort of private nuisance when he is held to be responsible for an act indirectly causing physical injury to land or substantially interfering with the use or enjoyment of land or of an interest in land, where, in the light of all the surrounding circumstances, this injury or interference is held to be unreasonable.

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