What is the test for determining whether or not a nuisance is a matter of fact?
British Columbia, Canada
The following excerpt is from Staats v. Her Majesty The Queen In Right Of The Province Of British Columbia, 2005 BCSC 841 (CanLII):
Major J., speaking for the court, in Ryan v. Victoria (City), 1999 CanLII 706 (SCC), [1999] 1 S.C.R. 201, 168 D.L.R. (4th) 513, noted that whether or not a particular activity constitutes a public nuisance is a question of fact. Factors such as the inconvenience caused by the activity, the difficulty in lessening or avoiding the risk, the utility of the activity, the general practices of others and the character of the neighbourhood are to be considered.
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