ARTICLE
19 September 2011

Lawsuit For Noise And Odour

SL
Siskinds LLP

Contributor

Since 1937, Siskinds has been that firm of specialists serving individuals, families and businesses in southwestern Ontario and Canada from our offices in London, Sarnia and Quebec City. We’ve grown as the world around us has evolved. Today, we are a team of over 230 lawyers and support staff covering personal, business, personal injury and class action law and over 25 specialized practice areas.
Noise and odour are frequent sources of neighbourhood disputes. Sometimes those disputes can be resolved by turning to regulators, such as the Ministry of the Environment or municipal bylaw enforcement officers.
Canada Environment
To print this article, all you need is to be registered or login on Mondaq.com.

Noise and odour are frequent sources of neighbourhood disputes. Sometimes those disputes can be resolved by turning to regulators, such as the Ministry of the Environment or municipal bylaw enforcement officers. Often, however, that isn't enough. Some then turn to the courts.

For example, Braeside Ridge residents are suing for $25,000 in damages due to noise and odour from a local asphalt plant. Ecojustice Canada is representing the residents, who filed a private lawsuit for damages for nuisance and trespass against Smiths Construction Company, a division of The Miller Group Inc., operators of the Braeside Quarry. The plaintiffs allege that they have suffered adverse effects, including physical discomfort and loss of enjoyment of their properties as a result of the operation of a portable asphalt plant situated in the quarry since 2009, even though the plant has a permit from the Ministry of the Environment. Residents have been protesting the expansion of the quarry for years. If they succeed, similar lawsuits may follow in other communities suffering from excess noise.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More