The plaintiffs sued their neighbours for nuisance arising from the installation and use of an outdoor wood-fired boiler that emitted noxious smoke and odours onto their property.
Prior to trial, the defendants agreed to remove the boiler and consented to an injunction prohibiting its future use, leaving only the assessment of damages to be tried.
The court rejected the defendants' preliminary arguments that the action was barred by res judicata from a discontinued Small Claims Court claim and that no actionable nuisance was established.
Finding that the smoke caused a serious and persistent interference with the plaintiffs' use and enjoyment of their property, the court awarded general damages of $20,000 to each plaintiff.
