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Answered in 16 minutes by:
5/29/2016
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 6,163
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
VerifiedHello, thank you for the question.
I'm sorry for your loss. Your niece was far to young to die of such a disease.
I see that you're on a subscription, so that's good. Have you talked to any lawyers about this yet?
Who is the administrator of her estate? Is it you?
Then it's possible for you to bring an action on behalf of her estate, as well as on behalf of yourself and her parents.
There are some major hurdles, and they are:
1. Whom to sue? The neighbour might not have any money or insurance, and whether the landlord can be sued will depend on the lease and expectations, but the landlord will at least have insurance.
2. How to prove damages? You'll need some evidence that the smoke from the neighbour was, or quite possibly was, a contributing factor to the death. While it seems obvious to you, it's no always so easy to prove this.
You'll need a good personal injury lawyer. Many work on consignment so you don't have to put up a lot of money at the start.
Personal injury lawyer advertise widely, they aren't hard to find. If you can ask friends and family for a recommendation then that's the best. If you need a referral, try going to lexpert.ca for a listing of lawyers in your city by their area of expertise. I don't recommend lawyer-rating sites.
Is that a helpful start? If there's more to discuss then feel free to reply. If I've answered you then I'd appreciate a positive service rating please.
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 6,163
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
VerifiedUlysses101 and 87 other Canada Law Specialists are ready to help you
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