Mandrake Ltd. were owners and occupiers of an office building. Mandrake complained about the noise..

Mandrake Ltd. were owners and occupiers of an office building. Mandrake complained about the noise and vibration coming from a nearby subway system of the Toronto Transit Commission.47. Will Mandrake be successful in an action for nuisance? In particular, would the ordinary and reasonable resident of that locality view the disturbance as a substantial interference with the enjoyment of land? What factors will a court consider in determining whether there is nuisance or not? At what point should legitimate activities be curtailed because of the unavoidable consequences to other nearby businesses?

 

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