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15 Dec 2011, 4:22 am by Dianne Saxe
Canadian homeowners, residents, industry, regulators and appellate courts really do need certainty on the following key issues: (i) the threshold effect for liability m nuisance m the context of environmental or contamination; (ii) the requirements for a “non-natural” use ofland; (iii) whether environmental statutory regimes are a complete code of liability; and (iv) whether property devaluation should be a recognized claim in nuisance. [read post]