What is a "public nuisance" and what is the test?
Ontario, Canada
The following excerpt is from Lanark v. Morrow, 2011 ONSC 4028 (CanLII):
A public nuisance is any activity which unreasonably interferes with the public's interests in questions of health, safety, morality, comforts or convenience. See Ryan v. Victoria (City) [1999] CarswellBC 79 p.19. A public nuisance is conduct which amounts to an attack upon the rights of the public generally to live their lives unaffected by inconvenience, discomfort or other forms of interference. Such actions commonly involve allegations of unreasonable interference with a public right of way, such as a street or highway.
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