This case was heard in the Nova Scotia Court of Appeal.
Mr. Willis sued the Halifax Regional Municipality ("HRM") for nuisance law (substantial and unreasonable interference with the use and enjoyment of land). For nearly twenty years, Mr. Willis had been living with the “wretched” odours that emanated from a sewage treatment plant that the HRM had built in North Preston, next to Mr. Willis’s farm. After the Supreme Court of Nova Scotia awarded damages in favour of Mr. Willis, the HRM appealed to the Nova Scotia Court of Appeal. The Court dismissed the HRM’s appeal and upheld the decision of the lower court; however, it also adjusted the amount of damages that the lower court had awarded after finding that the pre-judgment interest had been calculated incorrectly.
To read about this case in the Supreme Court of Nova Scotia, go to Willis v. Halifax (Regional Municipality), 2009 NSSC 244 (CanLII).