Page 33 - GBC Fall English 2023
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Out of Bounds
Mitigating the risks of errant golf balls
THE LAW OF NUISANCE
In its most basic form, the tort of nuisance is unreasonable inter- ference with the enjoyment of one’s land. Where a nuisance is proven, the courts will help prevent unlawful conduct and award damages. A claim for nuisance contemplates more than a mere annoyance.
Linden, inCanadian Tort Law, 12th Edition, chapter 11 at page 569, defines nuisance as follows:
“Private nuisance may be defined as an unreasonable interference with the use and enjoyment of property. This may come about by physical damage to the land. The use of the term “unreasonable” indicates that the interference must be such as would not be tolerated by the ordinary occupier”.
In most instances, for a nuisance claim involving errant golf balls to succeed, a court will consider the characteristics of the neighbour- hood, as well as the frequency and
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