Middleton J. — # A large number of actions were brought, and many others threatened against the Canadian Copper Company, for damages supposed to have been sustained from vapours contained in metallurgical smoke issuing from the roast beds and smelter stacks of that company at Copper Cliff, near Sudbury. A motion was made to consolidate these actions resulting in the choice of four cases which were to proceed and to be regarded as test actions, the others remaining in abeyance in the meantime.
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The Chief Justice — # For the reasons stated by my brother Anglin, I am of the opinion that this appeal should be dismissed with costs.
Idington J. — # The respondent as the owner of property acquired some years before the appellant, in conducting its business as the manufacturers of pulp and paper, had ventured upon methods complained of herein, and had built thereon for himself an expensive home and surrounded it with everything to make that home comfortable and enjoyable.
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The defendant in this case, the City of London Electric Lighting Company, operated large engines and other heavy machinery that caused damage to the foundations of a pub, the Waterman’s Arms, leased by the plaintiff, Shelfer, as well as a lot of noise and other “annoyances”. There was no question about the existence of the nuisance—the only issue before the court was what type of remedy should be available to the plaintiff.
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Latham C.J. — # This is an appeal from a judgment for the defendants given by Nicholas J. in an action by the Victoria Park Racing and Recreation Grounds Co Ltd against Taylor and others.
The plaintiff company carries on the business of racing upon a racecourse known as Victoria Park. The defendant Taylor is the owner of land near the racecourse. He has placed an elevated platform on his land from which it is possible to see what takes place on the racecourse and to read the information which appears on notice boards on the course as to the starters, scratchings, etc, and the winners of the races.
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