What is the test for establishing a continuing tort?
Saskatchewan, Canada
The following excerpt is from Smart v. South Saskatchewan Hospital Centre, 1989 CanLII 4801 (SK CA):
Paragraph 286 then follows with: "(a) Tort. The problem arises primarily in tort, and the home ground for continuing torts is trespass and nuisance. In National Coal Board v. Galley it was accepted that 'the general proposition that persistence in tortious conduct of particular kinds such as trespass or nuisance constitutes a continuing cause of action must be regarded as established.' Thus a trespass by placing and leaving some object on another's land is a trespass which continues as long as that object remains there. It is a continuing tort."
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