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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100004
Experience:  Lawyer
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What legal rights do I have when a gravel company that

Customer Question

What legal rights do I have when a gravel company that operates next to my property goes from small operation to a mega operation? The noise has increased beyond belief.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Is this next to your home where you reside?

Customer: replied 1 year ago.
we have property that is ajacent to the gravel company and they are a large operation.
Customer: replied 1 year ago.
Please email me as we are going to an appointment if you have more questions.
Expert:  Debra replied 1 year ago.

I do have another question. I am trying to find out whether the property you own is also where you home is. I need to understand if your daily living activities are being disturbed by the gravel company.

Customer: replied 1 year ago.
we live there and they run 24/7. Sleeping at night is unbelievable . They have set up a sound monitoring system to check noise levels but we're concerned how the data will be used. We just want to know what rights we have.
Expert:  Debra replied 1 year ago.

First, you should contact bylaw enforcement to see if any zoning or sound bylaw (if any exist) is bring breached. If you find that bylaw enforcement cannot help you your next step would be to consider retaining a lawyer to send them a letter demanding that they do whatever it takes to reduce the sound level because the sound as it is is denying you the right of peaceful enjoyment to your home and that you will sue them to get an order to compel them to stop making this noise and for damages if the situation is not rectified at once.

You should know that sound disturbances have been considered by the courts to be torts, which are civil wrong doings.

I am sorry this is happening to you and I hope this helps as a starting point.

Customer: replied 1 year ago.
Thank you it does.
Expert:  Debra replied 1 year ago.

You are very welcome.

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