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16 Nov

Neighbour liable for over $505,000 in damages caused by water nuisance (Warren v. Gluppe)

Thursday, November 16, 2023James R.G. CookLitigationFlooding, Municipal Law, Sump Pump, Prince Edward County

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Neighbours owe each other a duty of care not to cause damage to the other’s property. One of the major sources of potential damage is water flooding from sump pump run off...

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23 Oct

Discovery of Water Damage Insufficient to Terminate Real Estate Purchase Transaction

Friday, October 23, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Damages, Flooding, Insurance Policy

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In Bilotta v. Booth, 2020 ONCA 522, the Ontario Court of Appeal determined that the buyer of a residential property did not have the right to...

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14 Oct

Caveat Emptor Applied to Alleged Basement Flooding Damage

Wednesday, October 14, 2020James R.G. CookLitigation, Real EstateFlooding, Termination, Damages

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In Giancola v. Dobrydnev, 2020 ONSC 6007 (CanLII), the Ontario Superior Court of Justice rejected a buyer’s attempt to...

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31 May

Righting the Apple Cart. Conservation Authorities

Wednesday, May 31, 2017Environmental Law, Municipal Law, Conservation, Administrative Law, LitigationConservation Authority, Safety, Standard of Review, Flooding, Development, Prohibition

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Conservation Authorities (“CAs”) in Ontario are breathing a bit easier following the May 23rd 2017 decision of the Court of Appeal in...

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