Canada Paper Co. v. Brown

Canada Paper Co. v. Brown

Where emissions from an industrial process substantially and unreasonably interfere with a neighbouring owner's enjoyment of his dwelling and render it at times uninhabitable, and the injury is distinct from that suffered generally by the community, the private owner is entitled to a perpetual injunction restraining the process; municipal inaction does not bar such relief and the injunction is enforceable under Art. 971 C.P.C.; damages are inadequate in such circumstances.

Citation
(1922) 63 SCR 243
Parties
Appellant / Defendant: Canada Paper Company; Respondent / Plaintiff: A. J. Brown
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 February 1922
Procedural Posture
Civil Appeal (nuisance / Injunction) / On Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec
Outcome
Appeal dismissed with costs; judgment of the Court of King's Bench affirmed.
Legal Topics
Nuisance, Injunction, Damages, Enforcement/contempt, Balance of Convenience, Municipal Regulation
Source Language
English
Civil Procedure Property Law Tort (nuisance) Environmental/industrial Regulation Municipal Law Nuisance Injunction Damages +3 more

Case Brief

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Parties

Canada Paper Company

Appellant / Defendant

A. J. Brown

Respondent / Plaintiff

Procedural Posture

Civil Appeal (nuisance / Injunction) / On Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec

Legal Issues

  1. 1 Whether offensive odors from a pulp mill constitute a private actionable nuisance versus a public nuisance
  2. 2 Whether a private owner suffering distinct injury may obtain a perpetual injunction or is limited to damages
  3. 3 Whether municipal inaction or statutory municipal authority ousts the court's jurisdiction to grant injunction

Ratio Decidendi

Where emissions from an industrial process substantially and unreasonably interfere with a neighbouring owner's enjoyment of his dwelling and render it at times uninhabitable, and the injury is distinct from that suffered generally by the community, the private owner is entitled to a perpetual injunction restraining the process; municipal inaction does not bar such relief and the injunction is enforceable under Art. 971 C.P.C.; damages are inadequate in such circumstances.

Court Disposition

Appeal dismissed with costs; judgment of the Court of King's Bench affirmed.

Orders

  • Appeal dismissed with costs
  • Perpetual injunction restraining Canada Paper Company from using the sulphate of soda process at Windsor Mills in a manner producing the offensive malodorous fumes complained of