Contaminated property cost recovery action
A court claim to recover cleanup costs and loss of value from the party that caused contamination.
What is included
- Reviews the contamination, nuisance or pollution and its effects
- Works with environmental consultants on cause and damages
- Sends demand letters and negotiates
- Starts or defends a court action or class proceeding
What is not included
- Environmental consultants, testing and engineering reports
- Government application and filing fees and other disbursements
- Appeals, or other proceedings not covered by the lawyer's written retainer
Who this service is for
- Property owners affected by contamination from a neighbouring site
- Residents affected by odour, noise or pollution
- Businesses facing an environmental claim
Information to have ready
- 1Photos, test results and consultant reports
- 2A timeline of when you noticed the problem
- 3Property documents
- 4Correspondence with the other party or the Ministry
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $400–$900/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
Can I recover clean-up costs from a previous owner or neighbour?
Sometimes, through claims in nuisance, negligence or under statute, depending on what caused the contamination and what was agreed on any sale.
What is a class proceeding?
A lawsuit brought by one or more people on behalf of a larger group with similar claims, which a court must certify before it proceeds as a class action.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed, including approval of any application
- Regulators set their own timelines, which the lawyer cannot control
- The lawyer confirms the scope, fee and steps in a written retainer before starting
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