After the McLeans filled their swimming pool, recently built in their backyard, swarms of bees came regularly for water. The bees stung everyone including the dog and made it impossible for the McLeans to enjoy the use of their pool. Unknown to the McLeans when they had the pool installed, their neighbour Springborn had bee hives on his property. On these facts, which of the following is true?

Question

Quizplus · Accepted Answer

The McLeans have an action against Springborn for nuisance, as the swarm of bees has interfered with their use and enjoyment of their property. The fact that Springborn had bee hives on his property and failed to take reasonable precautions to prevent the bees from going onto the McLeans' property makes him liable for the nuisance. The Occupiers' Liability Act may also apply if Springborn was negligent in his duty to keep his property safe, but it is not the best choice as nuisance is the main cause of action in this case. Absolute privilege, as a defence, is only applicable in certain limited circumstances, such as in cases of defamation where the communication is made in the course of duty. Nonfeasance, as a cause of action, only arises when there is a duty to act, but the defendant fails to act. There is no indication that Springborn had a duty to act in this case.

After the McLeans Filled Their Swimming Pool, Recently Built in Their