How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Debra Your Own Question
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100386
Experience:  Lawyer
Type Your Canada Law Question Here...
Debra is online now
A new question is answered every 9 seconds

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: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Have you spoken to the city yet?

Customer: replied 1 year 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:  Debra replied 1 year ago.

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

Customer: replied 1 year 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 1 year ago.
here is an image of the site
Expert:  Debra replied 1 year 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.

Related Canada Law Questions