Background Facts: The case "LaSante v. Kirk" (2023 BCCA 28) involved a Jet A1 fuel spill on July 26, 2013, into Lemon Creek and then the Slocan and Kootenay Rivers. This led to evacuation and water use orders affecting nearby properties. The defendants were Danny LaSante, Executive Flight Centre Fuel Services Ltd., His Majesty the King in Right of British Columbia, and Transwest Helicopters Ltd.

Legal Arguments/Issues: Robert George Kirk, as the representative plaintiff, claimed the defendants were negligent and caused a nuisance, resulting in substantial and unreasonable interference with property use and enjoyment. The defendants argued against class certification, claiming individual issues predominated, making a class action inappropriate. They also contended that liability in nuisance required individual assessments and opposed certifying aggregate damages without first establishing liability.

Court's Ruling: The Court of Appeal dismissed the appeal. The judge did not err in certifying common issues related to nuisance, finding a basis in fact that the evacuation and water use orders constituted substantial and unreasonable interference with property use and enjoyment. The court upheld the certification of aggregate damages as a common issue, contingent on establishing liability. The judge concluded that a class proceeding was the preferable procedure for resolving the common issues efficiently and fairly.

Costs/Damages Awarded: The document did not specify the total amount of costs or damages awarded to the successful party, focusing primarily on procedural and certification issues.