This case was heard in the New Brunswick Court of Appeal.
Effluent from a fish processing plant washed up on Ms. Blanchard’s shoreline and caused several problems that interfered with her use and enjoyment of her property. She sued two individuals who were associated with the company, and the New Brunswick Court of Queen’s Bench found both individuals liable for Ms. Blanchard’s losses. When those individuals appealed to the New Brunswick Court of Appeal, the Court held that only one of them—the person who owned all shares in the company and who had been the plant manager at the time the nuisance was committed—could be held liable. The Court therefore allowed one appeal but dismissed the other.