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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99931
Experience:  Lawyer
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I would like to know if it's possible to sue a cemetery and

Customer Question

I would like to know if it's possible to sue a cemetery for mental and emotional anguish caused by a gravestone and grave being put in the wrong spot in a plot. On Mother's Day (May 8th,2016), my father and I went to the cemetery to lay flowers on my mother's grave (she died in March 2015). We were dismayed to discover that someone else had been buried beside her so close that their flowers were callously draped over my mother's plot. We spoke to the cemetery about this and learned that my mother's remains (she was cremated) and the headstone were placed off centre in the plot. This was a mistake done on their part, not ours. We asked them to move the headstone to the centre of the plot, which was done last week. But now we've learned that my mother's ashes are off centre. Now the grave will have to be reopened and my mother's ashes moved to the proper spot. This has caused us a great deal of emotional anguish and has set us both back in our grieving process. Any information would be appreciated.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry to hear of this difficult situation.

You will not be able to successfully sue for damages unless you can prove these damages by providing the court with psychiatric testimony.

That will likely be difficult to obtain but if possible then it may be that you can sue the cemetery for damages.

At the same time, given a how emotional this is it could be that the cemetery would agree to provide you with some funds to compensate you if they heard from a lawyer. So, in my view your best next step would be to retain a lawyer and have the lawyer send a letter threatening a lawsuit.

Let me know if you need any further clarification.

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