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Ontario|EnvironmentalEnvironmental 371 What if your neighbour is causing pollution? If your neighbour is causing pollution and you are suffering from health problems, or you have suffered property damage or you are subjected to things such as bad smells or loud noises, you have four main courses of action to choose from. One, you can speak with your neighbour and ask them to discontinue the activities that are causing the problem. This is not always a possibility, especially if your neighbour is a business.
In some cases, such as with noise or odours, your municipality may have by-laws to protect you. If so, your second option is to contact the municipality and have them enforce the by-law, which will force your neighbour to stop the nuisance. If the neighbour continues the nuisance, the municipality can prosecute for violation of the by-law.
Your third option is to contact the Ministry of the Environment and lodge a complaint. After investigating the situation, the Ministry may issue one of several orders, such as a stop order, or a clean-up order.
Your fourth option is to start a lawsuit. Depending on the situation, it may even be possible to have other neighbours join your lawsuit and help cover the legal costs. This is called a class action and is permissible when the damages claimed by all the participants is caused by the same thing. In your lawsuit you can ask for compensation or an injunction. Compensation is paid to cover the cost of injuries and expenses that were caused by the actions of the polluter. An injunction is a court order which forces the polluter to stop the activities which are causing the problems.
Environmental legal issues are complex and detailed. You should consult an environmental law lawyer for assistance.
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