Hillary, owner ofSpiritAwaySpa and Salon, arrived at her desk at 10:30 in the morning. She smiled at the thought of her successful business that was launched only two years ago.SpiritAwaySpa was a thriving business in a growing industry. Because of her business's reputation, she employed 15 hair stylists and aestheticians.SpiritAwaywas clearly contributing to the local economy.

Hillary had just received her financial analysis from her accountant that morning. By providing a quiet, high-end haven and top-notch customer service,SpiritAwayhad seen a 20 percent increase in sales from the previous year. It was an exciting time indeed!

Hillary's attention was suddenly drawn to a dreadful noise coming from outside her tranquil establishment. The sound of dogs barking reverberated throughout the spa, even though the windows were shut, and the ventilation system was on. Hillary had never heard dogs barking before anywhere near her building.

She soon heard a series of knocks on her office door. Several of her staff entered with concerned faces and indicated that the dogs had been barking since early morning. They could see the three junkyard-type dogs in a fenced-in area next door to the spa.

Hillary contacted the owner of the building. The owner indicated that his tenant, owner of a new recording studio, kept the dogs for added security in his newly renovated building with noise-cancelling walls.

Hillary voiced her complaint that the dogs' barking continuously through thework daywas driving her clients away. The owner of the building said he didn't have to comply with Hillary's request as there were no municipal bylaws in that area of town regarding noise.

1.What is the tort in this case?

2.What would you advise Hillary to do?