What is the test for a finding of private nuisance against the Attorney General of Canada?

Yukon, Canada

The following excerpt is from Angerer v. Cuthbert, 2017 YKSC 54 (CanLII):

Sutherland v. Attorney General of Canada, 2001 BCSC 1024, at para. 209; overturned on appeal to the SCC, but not on the finding of private nuisance.

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