Attachment 2

Issues:

1. Was the Respondent providing an essential service?

2. Did the construction (but not the use of the work) create a nuisance to the Claimant?

3. If so, did that nuisance exceed the substantial interference threshold having regard to:

   1. Severity of the interference

   2. Character of the neighborhood

   3. Utility of the Respondent’s conduct

   4. Sensitivity of the Claimant