Question: This case involves a retired couple named the Dandells. The Dandells have lived in Unit #506 of a Naniamo condo tower since 2012. The Dandells

This case involves a retired couple named the "Dandells". The Dandells have lived in Unit #506 of a Naniamo condo tower since 2012. The Dandells quite enjoyed the building because it was quiet and generally, the owners kept to themselves. Recently, the unit next to the Dandells' unit was listed for sale and sold to a young family named the MacDonalds. The Dandells and the MacDonalds both share a common wall. The MacDonalds have long been a musical family and they have gotten their son, Xavier, into violin lessons. As part of his lessons, Xavier needs to practice and he does so in a room which is one room removed from the common wall. Shortly after the MacDonalds moved in, Mr. Dandell began to hear violin sounds emanating from the MacDonalds' unit into all areas of his unit. The Dandells found this to be disturbing. Mr. Dandell approached Mrs. MacDonald and demanded the noise stop. In a bid to form a compromise, Mrs. MacDonald apologized and stated that she would limit Xavier's practice to roughly 15 to 30 minutes. Over the next few weeks, Mr. Dandell noted about five instances where he could hear the violin; typically it was when Xavier came home from school between the hours of 4:00pm to 6:30pm. Xavier did not typically practice on the weekends. Mr. Dandell was again upset that the violin noise was reverberating throughout his unit. It was doubly disturbing because Xavier was not playing an entire piece of music, he was practicing portions of music repetitively. When Mrs. MacDonald said there was nothing more she could do, Mr. Dandell became extremely frustrated and now wishes to sue. Ignoring negligence, what tort might the MacDonalds be sued for? Would the tort claim against the MacDonalds be successful? Explain and apply the specific legal test to determine if the claim would be successful. (6 marks)

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