Background:
In Hill v. Herd, Tammy Arlene Hill, James Robert Hill, and their son, James Daniel Hill, purchased a home in Warfield, British Columbia, in 2014. Behind their home was a gas station operated by William L.W. Herd and Herd & Smith Holdings Ltd. In 2018, the station underwent renovations, leading to fuel delivery changes and an 80,000-liter fuel tank near the Hills' property. The Hills alleged that the resulting noise, light pollution, and gasoline fumes harmed their living conditions, particularly affecting their son, JD, who has special needs.

Legal Arguments/Issues:
The Hills sued for nuisance and negligence, arguing the gas station’s operations violated their rights. They also cited Rylands v. Fletcher for the escape of harmful fumes. They further claimed that the Village of Warfield and the Regional District were negligent for failing to enforce bylaws.

Court Decision:
The court held Herd & Smith Holdings Ltd. liable for nuisance, awarding the Hills CAD $80,650 in damages. The claim against the Village of Warfield was dismissed, and the request for an injunction was denied.

Costs:
The Hills were awarded costs against Herd & Smith Holdings Ltd. The Village was awarded its costs from the Hills at Scale B, and the Hills owed the Regional District $67,500 in agreed costs.