The News (New Glasgow)

Successful battle

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New Glasgow homeowners took on the province claiming that constructi­on work on local school damaged their home

The owners of a New Glasgow home have taken on the province and won.

Karen Crowley and Bonnie Fraser, who were represente­d by lawyers with Patterson Law, successful­ly won their case against the province and have been awarded $260,000 to cover the cost of damages to their home and the costs associated with their legal battle.

The home at issue in the case is 319 George St. in New Glasgow which is located near New Glasgow Academy. The complainan­ts contended that vibrations from the compactor used during demolition of the old New Glasgow Junior High School and constructi­on of New Glasgow Academy caused damage to their home.

In a statement filed on their behalf by Patterson Law in 2014, they claimed it caused cracking in walls, ceilings, floorboard­s and in the fireplaces and chimneys of their home. They also claimed leaking and moisture and deformatio­n of the floors, doorframes, windows and siding on the exterior of the building which weren’t there prior to the constructi­on.

The province denied the demolition and constructi­on work caused physical damage to the home.

The claimants had to prove that the constructi­on caused the damage, which they successful­ly did for $30,000 worth of damage.

The Nova Scotia Utility and Review Board had heard the case on April 23 and issued its decision April 30.

In her written decision, Dawna Ring wrote: “If a person is injuriousl­y affected such that their home has been damaged to the amount of $30,000 […] as a community we do not expect them to bear the costs of $30,000 of repairs to their home without compensati­on. […] As part of the owners’ compensati­on we will collective­ly also pay their reasonable costs necessaril­y incurred to assert that claim.”

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 ?? ADAM MACINNIS/THE NEWS ?? The owners of this home on George Street in New Glasgow successful­ly proved that damage to the building was caused by demolition of the neighbouri­ng school and constructi­on of a new one.
ADAM MACINNIS/THE NEWS The owners of this home on George Street in New Glasgow successful­ly proved that damage to the building was caused by demolition of the neighbouri­ng school and constructi­on of a new one.

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