SUPREME COURT OF NOVA SCOTIA
Citation: Willis v. Halifax (Regional Municipality), 2009 NSSC 244
Date: 20090814
Docket: Hfx. No. 264670
Registry: Halifax
Between:
Allison Willis
Plaintiff
- and -
Halifax Regional Municipality
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Gerald R.P. Moir
Heard: May 4 and 5, 2009 in Halifax, Nova Scotia
Subject: Nuisance, sewage treatment plant odours; Negligence, design and operation of sewage treatment plant, odours
Summary: Between 1990 and 2008 the sewage treatment plant at North Preston emitted odours frequently. Sometimes they were wretched. Mr. Willis’ home and farm neighboured the plant, and he was frequently disturbed, as were his family and guests, by the odours.
Issue: Whether the plant was a nuisance? If so, whether defences of statutory authority and statutory immunity had been made out? Damages? Negligence?
Result: In the circumstances, and considering particularly the recognized factors of type and severity of harm, character of locale, and utility of defendant’s conduct, the plant interfered with Mr. Willis’ use substantially and unreasonably. Statutory authority and, in light of the wording in s.515(2) of the Municipal Government Act, statutory immunity require proof that production of the odours resulted from the only treatment method that was practically feasible. This was not the case. Damages were assessed at $55,000. There was no evidence of negligence.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.