There was a backup in a sewer line, causing raw sewage to enter the premises of the Royal Anne Hotel. The village of Ashcroft was responsible to maintain the sewer line. The hotel claimed the village was liable in negligence and nuisance for the resultant damage. As the court found no liability in negligence, the question remained whether the village was liable for nuisance.

Was the village of Ashcroft liable to the hotel in nuisance? Royal Anne Hotel Co v Ashcroft $($Village$),\mathrm{1979},\mathrm{95}$ DLR $(3$d$)\mathrm{756}$ BCCA