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LIABILITY - Particular nuisance - Emissions and contamination

Friday, July 20, 2018 @ 7:54 AM  

Appeals by the plaintiff and defendant Fraser Ltd. from trial judgment. The parties were adjacent property owners. Fraser, owned by the defendant H, operated a dry cleaning business on its property. H owned a residential property adjacent to the residential property. From 1960 to 1974, solvents used in dry cleaning operations spilled onto the ground. In 2002, the plaintiff discovered the contamination of his property resulting from the spills. The Ministry issued a Provincial Officer’s Order in 2013 requiring Fraser to retain a qualified person and...