East Coast Environmental Law

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Hickey et al. v. Electric Reduction Co. of Canada, Ltd., 1970 CanLII 907 (NL SCTD)

This case was heard in the Supreme Court of Newfoundland.

Electric Reduction Co. of Canada, Ltd. discharged a poisonous substance into Placentia Bay, and, as a result, poisoned fish in the bay. The plaintiffs were fishermen whose businesses were injured as a result of the poisoned fish, and they sued Electric Reduction Co. under the law of nuisance.

The Court held that Electric Reduction Co. had created a public nuisance, not a private nuisance, and that the plaintiffs could not seek personal compensation for damages that were suffered in common by an entire class.

View the Decision on CanLII: https://www.canlii.org/en/nl/nlsctd/doc/1970/1970canlii907/1970canlii907.html

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