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

question 115

Multiple Choice

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?

• A) The McLeans have an action against Springborn for nonfeasance.
• B) Springborn would successfully use the defence of absolute privilege.
• C) The McLeans have an action against Springborn for nuisance and also under the Occupiers' Liability Act.
• D) The McLeans have an action against Springborn under the Occupiers' Liability Act.
• E) The McLeans have an action against Springborn for nuisance.