Burning issue costs neighbour $270,000

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Burning issue costs neighbour $270,000

Postby Wilberforce » Sat May 10, 2008 12:15 am

Burning issue costs neighbour $270,000

Eric McGuinness
The Hamilton Spectator
(May 9, 2008)
A Hamilton judge has ordered a Niagara couple to pay their next-door neighbours $270,000 in
damages and legal costs for the nuisance caused by smoke from a wood stove in their garage.

It's believed to be the first Canadian court ruling involving health effects of wood smoke, which
some experts say is as dangerous as tobacco smoke. Ontario Superior Justice James Ramsay
blamed Travers Fitzpatrick of Fonthill -- who was Welland city manager when the suit was filed
in 2002 -- for acts he called "reckless, destructive, persistent and heedless of their neighbours'
physical integrity and property rights;" and blamed his wife, Valerie, for allowing them to happen.

In his judgment Feb. 28, Ramsay held them jointly responsible for paying David and Brenda
Deumos general damages of $80,000, punitive damages of $20,000 and legal costs of $170,000.

Hamilton lawyer Lou Frapporti, who represented the Deumos, said he had "literally begged" the
Fitzpatricks to settle for $5,000 to avoid a trial.

Burning issue costs neighbour $270,000
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Postby Lisa Cummings » Sat May 10, 2008 5:20 am

FINALLY!! Someone actually held responsible for their actions!! Maybe this will begin to set the tone here in the US...
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Postby MPA » Sun May 11, 2008 6:52 pm

The problem is though our legal system is too corrupt.....

It's usually the golden rule in the USA, whoever has the most gold rules.....

And unfortunately in our cases the "gold" belongs to the OWB manufacturers.

If you have enough money the laws don't necessarily exist, one big example of that is Exxon....
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Postby Wilberforce » Sun May 11, 2008 7:53 pm

This is so true. Overall, it is as if we are somehow regressing backward to the
old medieval feudal system, where, like it or not, the powerful opulent class
held the ultimate domain and influence.

Joe Average had no remedy of their condition, no redress of their grievances,
no leg to stand on. We are sadly headed in that direction day by day, minute by
minute. I am being cynical, but I am neither rich nor powerful.
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