In an action by a landowner against a golf club wherein he sought an injunction on the ground of nuisance held , on appeal from the dismissal by the Referee of a motion to strike out certain portions of the statement of claim, that the plaintiff was entitled to show that the acts of the defendant in maintaining and operating the golf course constituted a public nuisance and that, because thereof,. [...] : 7 This is an appeal from the order of the learned Referee dismissing a motion to strike out certain portions of the statement of claim particularly enumerated in the notice of motion and on the grounds mentioned therein. [...] He seeks redress which in part is of a public character, and, it is contended by the defendant, not within the proper competence of an individual affected conjointly with the public, and is such as should be brought before the Courts through the intervention of the Attorney-General. [...] that the nuisance complained of is of such a kind as to cause him a particular injury other than and beyond that suffered by the rest of the public, and therefore he claims damages against the defendants. [...] It is not enough for him to show that he suffered the same inconvenience in the use of the highway as other people do, if the alleged nuisance be the obstruction of a highway.
- Pages
- 16
- Published in
- Canada
