Friday, July 18, 2014

Plaintiffs seek $250,000 in suit over environmental remediation

A Delaware corporation and a numbered Nova Scotia company are suing a Nova Scotia couple for the costs of remediating two Bedford properties. Plaintiffs American Holdings 2000, Inc. and 3258984 Nova Scotia Ltd. alleged in Nova Scotia Supreme Court documents that defendants Gerald and Dianne Bonang of Hants County are responsible for $250,000 in environmental remediations to a property at 39 Dartmouth Rd. in Bedford and an adjoining property at 90 Golf Links Rd. According to court documents, the Golf Links Road property, owned by a third party, was contaminated by the migration of contamination from the Dartmouth Road property. The plaintiffs alleged that American Holdings, which has offices in Florida and investments in Nova Scotia real estate, bought the Dartmouth Road property, on which the Bonangs held a mortgage, at a July 2 foreclosure sale. The plaintiffs alleged sale bidders were not informed that the provincial Environment Department had designated the Dartmouth Road property, in a notice posted July 2, a contaminated site requiring remediation. The plaintiffs are asking the court for a declaration that the defendants are responsible for remediation costs for both properties under a 2003 indemnification agreement. The are also asking the court to reserve jurisdiction to award costs for business disruptions at 39 Dartmouth Rd. , the site of a used-car dealership operated by the numbered company, as a result of remediation activity. None of the allegations have been proven in court. The defendants could not be reached for comment Thursday.

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