Background: In 2019, Sechelt declared a SOLE and ordered the evacuation of Seawatch residents. The Province funded a permanent fence around the subdivision, preventing access to the properties. The homeowners sued the Province, claiming the extended SOLE and the fence constituted a nuisance.

Legal Arguments/Issues:

• Respondents: Claimed the Province's actions unreasonably interfered with their use and enjoyment of their property, constituting a nuisance. They argued the extensions of the SOLE were unlawful and beyond statutory authority.
• Province: Argued that funding decisions and administrative actions did not constitute nuisance, emphasizing that nuisance typically involves competing land uses.

Court Findings: The trial judge ruled in favor of the respondents, finding the Province liable in nuisance and awarding damages. On appeal, the court held that the Province's actions did not meet the criteria for nuisance, which requires some use of land by the defendant. The court overturned the trial decision, dismissing the actions.

Awards and Costs: The trial judge awarded special damages of $68,265.78 and non-pecuniary damages of $40,000 to Carole Rosewall. Gregory and Geraldine Latham were awarded $51,200 in special damages and $40,000 each in non-pecuniary damages. The appellate court made no order as to costs.

Disposition: The appellate court allowed the appeals, concluding that the Province was not liable in nuisance and dismissed the actions against it.