Tate & Lyle : Pure Economic Loss and the Modern Tort of Public Nuisance
Professor Lewis Klar criticizes the Canadian approach to the tort of public nuisance for
being illogical and incoherent. The authors agree with Klar’s assessment of the current state
of public nuisance law, but argue that insights drawn from the House of Lords decision in
Tate & Lyle Industries Ltd. v. Greater London Council offer a way forward. By
conceptualizing the tort of public nuisance as a cause of action that protects subjects from
suffering actual loss that is consequential on the violation of their passage and fishing rights
over public property, Tate & Lyle offers a coherent and restrained formulation of the tort
of public nuisance. This article examines the Tate & Lyle approach to public nuisance and
applies it to two infamous Canadian public nuisance cases. It concludes that the coherent,
logical approach to public nuisance articulated by the House of Lords in Tate & Lyle should
be readopted by Canadian courts.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.