Is there any case law or case law in which a claim is not a novelty?
Ontario, Canada
The following excerpt is from Smith v. Inco Limited, 2013 ONCA 724 (CanLII):
I do not fault the trial judge for finding that this case essentially came within a middle ground of novelty and for structuring his costs order accordingly. The appellant emphasizes, and the trial judge recognized, that “this case was grounded in nuisance, trespass and the doctrine in Rylands v. Fletcher, all of which are old, if not ancient, causes of action.”
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