Gerry owns and operates the Getaway Boutique Hotel in a small town in rural Ontario. Business has been declining for several years and the hotel needs renovation, but Gerry is reluctant to incur the cost.

Brad has a farm outside of town about 5 km from the hotel. It has been in his family for more than 50 years. Recently he started raising and slaughtering pigs. Pig farming is a messy business and causes a distinct, strong and unpleasant odour. Patrons at the Getaway Boutique Hotel have mentioned to Gerry that they can detect the foul odour from the farm.

There is no legal claim that Gerry can bring against Brad for the foul odour from his farm.