L15- Nuisance elements

Question 1

Nuisance purpose

Answer 1

ensures that individuals can enjoy public and private property without interference or annoyance

Question 2

E1- Property right

Answer 2

plaintiff must have a property right (interest) over the land eg owner/renter/individual accessing public property such as parks, roads, etc.
-licensees don’t count

Question 3

E2: interference

Answer 3

Must est. that the defendant substantially and unreasonably interfered with use and enjoyment of the land

Question 4

E2 sub elements

Answer 4

1: use and enjoyment- living, commercial or agricultural purposes
2:Interference- noise, dust, vibration, smells, etc.
3: Substantial and unreasonable
-time of day, nature of interference, nature of neigbourhood, whether int. is necessary, whether it is intermittent/ongoing, how long it has existed

Question 5

E3: Damage, loss or injury

Answer 5

Plaintiff must establish that they have suffered some sort of injury, loss or damage

Question 6

E3: types of damage/loss

Answer 6

-Material damage: physical property damage. Deemed a substantial and unreasonable interference= prima facie claim
-Non material damage: injury to the plaintiff’s sensibilities eg. sleep dep, financial loss, etc.
-Public nuisance: plaintiff must show they have suffered a special damage that extends beyond what has been experienced by other members of public