Upset, concern and worry aren't enough
The Ontario Court of Appeal has agreed: upset, concern and worry aren’t enough to warrant compensation.
View the post titled Upset, concern and worry aren't enoughWhat do we owe our neighbours?
Property owners must not worsen problems faced by their neighbours. In Donley Investments Ltd. v. Canril Corp., Canril owned a vacant commercial property at 90 George Street in Ottawa, one inch west of the Donley building. The Donley basement began flooding in February 2003, after a broken C…
View the post titled What do we owe our neighbours?Air pollution class action against the tar sands?
The successful class action by Port Colborne residents, Smith v. Inco, has opened the door to a similar class action against the tar sands. In Inco, nickel particles were emitted from the refinery for 80 years. There was no proof that Inco ever operated illegally or negligently, or failed …
View the post titled Air pollution class action against the tar sands?More Olympic nuisance lawsuits
Olympic nuisance claims have now spread past transit. Last year, Susan Heyes was awarded $600,000 for the disruption she suffered during construction of the Canada Line. (The decision is under appeal.) Other businesses in the area have launched a class action seeking similar redress. Now Mar…
View the post titled More Olympic nuisance lawsuitsOlympic overhang- transit class action
Governments across the country have already passed laws blocking lawsuits in nuisance against municipalities for sewer and water overflows; it is time to expand those laws to cover the construction of transit.
View the post titled Olympic overhang- transit class actionNoisy nosy neighbours
Mr. and Mrs. Monroe were forbidden to operate their air conditioner if it causes sound beyond 55 dB from 7 AM to 10 PM, and 45 dB overnight, measured anywhere along the property boundary.
View the post titled Noisy nosy neighboursCity goes to bat for neighbours of cement plant
In an unusual move, the City of Toronto has sought and obtained leave to appeal the air certificate of approval issued to an existing cement plant. The plant had been the subject of numerous complaints from local residents, relating to dust and noise. The Ministry of the Environment issued a…
View the post titled City goes to bat for neighbours of cement plantHow much is nuisance worth?
In Blatz v. Impact Energy Inc., the Alberta Court of Queen’s bench found a gas drilling company liable for contaminating a well on the landowners’ property. As a result, the landowners had to drill a new well and also suffered weeks of health problems, such as diarrhea, mouth sores, and blad…
View the post titled How much is nuisance worth?Downloading liability on municipalities
Senior governments seem to have no shame about downloading enormous, undisclosed environmental liabilities on municipalities. In an English case, Corby Group Litigation v. Corby District Council, the Corby Borough Council (CBC) has been held liable for allowing residents to become exposed t…
View the post titled Downloading liability on municipalitiesBuy contaminated site, then sue?
I have never understood why so many people think they can knowingly buy a contaminated site and then force someone else to clean it up.
View the post titled Buy contaminated site, then sue?Receive Blog Posts
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