What are the common issues in the case of a plaintiff who alleges that she and her neighbours caused the dusting and dusting of their neighbour's property?

British Columbia, Canada


The following excerpt is from Roberts v. Canadian Pacific Railway Company et al., 2006 BCSC 1649 (CanLII):

The plaintiff submits that the claims raise common issues because no member of the Proposed Class can prevail without showing: (a) with respect to the claims of nuisance, that CP and CN caused the coal dusting and that such conduct was legally and socially unreasonable vis a vis their neighbours; (b) with respect to the claims of negligence, that CP and CN owed a duty of care, what was the standard of care, and whether CP and CN breached their duty of care; and (c) with respect to the claim under Rylands v. Fletcher, whether coal dust is inherently dangerous and/or a noxious thing, whether transporting coal by open coal cars is a non-natural use of land, and whether coal dust is likely to cause harm.

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