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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95881
Experience:  Lawyer
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Construction Law? I live in Burlington. I own the two most

Customer Question

Construction Law?
I live in downtown Burlington. I own the two most successful restaurants in all of Burlington and one has outdoor licensed patio, the other 5 benches outside.
We are experienced excessive massive red dirt dust from a new condo site. I have just awoke with red dust in my tear ducts, coughed all night, headache, grit in my mouth... It is awful. No guests will sit on our patios nor wall the streets and shop the town now. Cars are filthy.
What are our legal rights? There has been no attempt to reduce this ridiculously excessive dust.
Kelly Childs
Submitted: 4 months ago.
Category: Canada Law
Expert:  Legal Ease replied 4 months ago.

Have you spoken to the city yet?

Customer: replied 4 months ago.
They are spraying water on the site.
= mud
= trucks driving through red mud and tracking it through the city and then there is 100x more dust flying around.
It seems like they really are very ill-prepared and are allowing the builder/developer to do as he pleases.
Expert:  Legal Ease replied 4 months ago.

But what did the city say that they can or what to do for you if anything?

Customer: replied 4 months ago.
They said they can clean the streets more and to stay tuned to see what they can do to keep the dust down. Maybe put up tarped fencing. There are cities (Palm Springs, CA) and countries (Australia) that simply do not allow dust and the builder is fined. The builder should be cleaning the streets, storefronts, awnings, rinsing trucks off, etc etc - not the small business owner. Dust pneumonia can kill people and right now I have another nose bleed and just feel gross. :(
Customer: replied 4 months ago.
here is an image of the site
Expert:  Legal Ease replied 4 months ago.

I am sick for you.

I suggest that you retain a lawyer at this point as the city is not going to do enough.

The lawyer will send a letter to the owner of the condo and will threaten a lawsuit.

This is a tort, which is a civil wrongdoing. It is the tort of nuisance.

The dust is the same as noise, or smoke, or water flooding onto your property. No one can cause another harm like this.

You can get an order to require them to do what is necessary to make them stop but also for damages to you personally and to your business.

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