1. A golf club constructed a driving range on its property that faced a number of residential properties located next to the golf course. Golfers using the driving range frequently hit golf balls into the backyards of the neighbouring residential properties, and on several occasions broke windows in the houses located on the lots. On one occasion, a golf ball struck and killed a cat that had been sleeping on a bench in one of the backyards.

The residential property owners complained to the club about the golf balls being driven into their properties, but the club refused to change the location of the driving range. In response to the complaints, the club stated that the individual golfers that caused the damage should be responsible, since they hit the balls into the yards.

When the club refused to stop the use of the driving range, the property owners decided to institute legal proceedings against the club.