Ned Flanders decided that he would raise chickens in his backyard in Calgary. He applied to the City of Calgary for one of the limited number of licenses that were being offered to the public for this purpose. He was successful in obtaining a license. He followed every requirement perfectly and was the proud owner of three hens. Every aspect of Ned's backyard chicken run and chicken raising was in full compliance with the City of Calgary bylaw.

Shortly after Ned began his new chicken adventure, a family (Mr. and Mrs. Smith and their darling six-year-old twins Britney and Heidi) bought the home next door. When they purchased the home, they were unaware that Ned was raising chickens. One day, Britney started screaming in their home. Her parents managed to calm her down and eventually she told them that she was peering through the fence and saw chickens in Ned's backyard. Britney has a deathly fear of chickens ever since she had a bad batch of Chicken McNuggets from McDonalds and got sick. Even saying the word "chicken" will make her scream and run down the block. It didn't help that Heidi dressed as a chicken last Halloween and scared Britney within an inch of her life. Britney has been to see a psychologist. Her fear of chickens is real though not rational.

Considering this situation, Mr. and Mrs. Smith baked a pecan pie and went over to Ned's house to give it to him. Ned was very pleased with the pie. Who wouldn't be? As Ned was tucking into a big piece of pie, the Smiths explained Britney's unusual fear of chickens and asked if Ned would consider getting rid of his chickens so their little darling could rest more easily. Ned swallowed some pie, had a drink of milk, looked up at the ceiling, and gave their request his full consideration. Finally, he said, "Look, you seem like nice people and this pie is really good, but I was here first, keeping chickens is perfectly legal, and your daughter's fear seems a little irrational to me. I will not get rid of my chickens." The Smiths were disappointed but not surprised.

The Smiths began a campaign of retaliation against Ned that consisted of the following:

a) They frequently lit backyard campfires and made sure the smoke blew directly into Ned's backyard, forcing him go into the house to get away from the smoke.

b) They played loud music late at night that annoyed Ned.

c) Whenever they picked up after their dog, they threw the dog waste over the fence into Ned's backyard.

Ned had done nothing wrong legally, ethically, or morally. Nonetheless, he has become the victim of months of unacceptable behavior from the Smiths as outlined above. There is no way Ned is moving or getting rid of his chickens. He has come to you for advice. Please advise Ned on the following questions:

a) What cause(s) of action are open to Ned? Explain in detail.

b) What remedies should he seek?

c) What defences, if any, are open to the Smiths to Ned's claims?

d) Can the Smiths make Ned get rid of his chickens? If so, on what basis?

e) What is the likely outcome of this case and why?