Week Three Group Template
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What remedy would the neighbours ask the court to grant in order to get the relief that they seek?
Advise whether the neighbours have a valid claim in private nuisance against MacDonald arising from the disturbances to their residences and assess whether the claim is likely to succeed.
Who has the onus of proof in a claim such as this? What is the standard (burden) of proof for such a claim?
Does the fact that MacDonald’s farm was in existence before the houses were built, and that the purchasers of those houses knew or ought to have known about the smells associated with farming provide a defence for MacDonald?
Would the neighbours be able to bring a successful claim in trespass in relation to the odours?
Advise whether you think Patricia Grier would be successful in asking the court to award damages based on the interference to her use and enjoyment of property caused by the presence of livestock on the MacDonald farm.
Could McIntyre bring a successful action against MacDonald even if it were determined that MacDonald was without fault in the release of the toxic substances. Explain.