Court rejects nuisance contamination claim

A recent Ontario Superior Court decision includes an analysis of restrictive damages.

This decision provides insight into the evidentiary requirements that a court may impose when assessing claims for damages stemming from the migration of contaminants between neighbouring properties. In this case, the Plaintiff was deemed to have accepted the condition of the property at the time of purchase.

Midwest v. Thordarson (Midwest) 2013 ONSC 775

http://www.canlii.org/en/on/onsc/doc/2013/2013onsc775/2013onsc775.html

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