This case was heard in the New Brunswick Court of Queen's Bench (Trial Division).

The plaintiffs in this case were a group of fishermen who alleged that the City of Miramichi was responsible for altering the water quality on the Miramichi River and disturbing their fishery. They claimed that the City was therefore liable to them under the law of nuisance, and they sought compensation for the losses they had sustained.

The plaintiffs took the position that the operation of a waste water lagoon on the Miramichi River had caused excessive siltation and, in doing so, had affected the fish stocks adversely. They had the burden of proving that the City had in fact caused the siltation that had allegedly disturbed the fishery, and, after reviewing the evidence, the Court held that the plaintiffs had failed to prove that the City was responsible. The Court therefore dismissed their action.

View the Decision on CanLII: https://www.canlii.org/en/nb/nbqb/doc/2007/2007nbqb341/2007nbqb341.html

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