Lexis Nexis The Law of Nuisance in Canada, 3rd Edition
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Product description
The Law of Nuisance in Canada, 3rd Edition provides a comprehensive review of the law of public and private nuisance and strict liability as applied and articulated in Canadian cases.
Private nuisance relates to the use of one person's land in a way that interferes with another person's enjoyment of their land – classic examples are smells, smoke, and noise that emanate from land A that annoy the owner of land B; contentious examples are aesthetic infractions, such as loss of pleasant view.
Public nuisances are interferences with rights owed to the population at large – examples include damage to waterways, or interference with the right of public passage on streets; these are mostly covered by statute.
Authors Gregory Pun, Margaret Hall and Ian Knapp have found in their research that even though the law of nuisance can be difficult to navigate, with each case being judged in its own context, there "are many common threads and basic statements of principle that do act as milestones and beacons." The authors have used these basic guiding principles, as found in current Canadian law, to help illuminate the way for others.
Features of This Book
- Analyzes the various types of nuisance law so readers can:
- Determine whether a cause of action may exist and the chances of success in pursuing it
- Identify the potential types of nuisance that may assist clients such as advocacy and special interest groups in furthering their goals
- Provides commentary and analysis of jurisprudence, offers a coherent overview of nuisance, clarifies the law and helps readers to avoid costly mistakes
- Offers extensive case law references, saving research time and costs
What’s New In This Edition
- Discussion of emerging issues such as class actions for private nuisance, the role of aboriginal title in claims for private nuisance, and the continuing interface between nuisance law and fault and causation
- Examination of recent significant cases from Canadian appellate courts and the Supreme Court of Canada
- New separate chapter covering the history of nuisance
- Updated commentary and legislative developments since the previous edition published in 2015
Who Should Read This Book
- Litigation lawyers, landlord-tenant lawyers, municipal lawyers and environmental lawyers who need guidance and clarity on nuisance law
- In-house counsel who work for corporations that have land holdings
- Construction companies and businesses in "nuisance-causing" industries that may receive complaints of excessive noise, smell or other interference to others
- Public advocacy and special interest groups to help further their objectives
- Law associations and libraries who want an authoritative resource for patrons
- Law schools and law professors for use in tort law courses
Table of contents
CHAPTER 1: INTRODUCTION TO NUISANCE
1.01 Vilification and Vindication
1.02 The Land Torts: Nuisance, Trespass to Land, and the Rule from Rylands v. Fletcher
1.03 Statutory Nuisances and Remedies
1.04 Conclusion
CHAPTER 2: THE HISTORY OF NUISANCE
2.01 Nuisance at the Dawn of Legal History
2.02 Nuisance Migrates Into the Royal Courts
2.03 Nuisances Fuelled by Sea Coal
2.04 Nuisance Law and the Industrial Revolution
CHAPTER 3: PUBLIC NUISANCE
3.01 Scope and Meaning of Public Nuisance
3.02 Interference with Public Rights
3.03 The Balance of Reasonableness
3.04 Element of “Special Damage”
CHAPTER 4: PRIVATE NUISANCE
4.01 Scope and Meaning of Private Nuisance
4.02 Balance of Reasonableness
4.03 Standing: The Plaintiff’s Interest in the Affected Land
4.04 Other Boundaries of Liability: The Source of the Nuisance, Fault, Knowledge, Vicarious Liability and Joint and Several Liability
CHAPTER 5: THE RULE FROM RYLANDS V. FLETCHER
5.01 Rylands v. Fletcher: Two Rules or One?
5.02 Non-Natural and Ordinary Use
5.03 Creation of Extraordinary Risk
5.04 Escape
5.05 Damage and Causation
5.06 Situating Rylands as a Theory of Strict Liability
5.07 Conclusion
CHAPTER 6: DEFENCES IN NUISANCE (PUBLIC AND PRIVATE) AND RYLANDS
6.01 The “Ineffectual Defences”
6.02 Statutory Immunity
6.03 Statutory Authority
6.04 Contributory Fault and “Coming to the Nuisance”
6.05 Consent, Acquiescence, Estoppel (volenti non fit injuria)
6.06 Act of Third Party
6.07 Act of God (vis major, force majeure)
6.08 Prescription (Adverse Possession)
6.09 Limitation Period and the Continuing Cause of Action
CHAPTER 7: REMEDIES
7.01 Introduction
7.02 Abatement
7.03 Injunctions
7.04 Damages
CHAPTER 8: CRIMINAL NUISANCE
8.01 Introduction
8.02 Commission of Unlawful Act or Failure to Discharge Legal Duty
8.03 Endangerment to the Public
8.04 Causation and “Coming to the Nuisance”
TABLE OF CASES
INDEX
