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Facts[]

Black and the other plaintiffs were farmers and homeowners in the Sudbury area. Vapours contained in the metallurgical smoke issuing from the roast-beds and smelter-stacks of the Canadian Copper Co. caused damage to their farms and gardens due to the sulphur dioxide in the smoke. The plaintiffs brought an action for an injunction against Canadian Copper.

Issue[]

  1. Is an injunction always a reasonable remedy in an offensive nuisance?

Decision[]

Finding for the plaintiffs; damages awarded with costs, injunction not granted.

Reasons[]

Middleton, taking a decidedly different approach to Canada Paper Company v Brown, says that farmers have no right to claim that the plant should be shut down as a result of the nuisance, as it is the lifeblood of the city and without its operation there would be no fields to farm on. As there is no doubt that the damage was caused, Middleton assesses damages for each of the plaintiffs without any information as to calculation, but rather on what is "fairest and best".

Ratio[]

In cases where an injunction is unreasonable, damages should be awarded very liberally.

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