Unusually High Sensitivity Leads to Dismissal of Nuisance Claim

Stephen Appotive and Crystal Schulz successfully represented the defendants in Powell v Dowsley 2016 ONSC 1951 when the plaintiffs sued for damages of $350,000 for loss of enjoyment from the property. The defendants had installed an outdoor wood burning furnace to heat their home. The plaintiffs claimed that smoke from the furnace was causing them health problems. The defence focused the plaintiffs’ abnormally high sensitivity to smoke and the limited impact the furnace would have on the average person. Justice J. Pedlar agreed and dismissed the claim.