PUBLIC UTILITIES - Negligence - Limitation of liability

Law360 Canada (February 10, 2021, 6:16 AM EST) -- Appeal by the plaintiffs from the dismissal of their action against the Water Commission for negligence and nuisance. Their houses suffered sewage backup from trenching work done by the Commission on the stormwater system when the Commission’s equipment damaged the appellants’ sewer laterals. The trial judge held that the appellants had not proven negligence, had established nuisance, but that the Commission could rely on statutory defences to nuisance in s. 26(b) and s. 27A of the Halifax Regional Water Commission Act. The evidence did not support a finding that the Commission knew or ought to have known that there was a problem with the laterals that should reasonably have been repaired. There was no evidence to establish that the nuisance could have been avoided by any other practically feasible method of constructing the installation of the stormwater pipe in front of the properties....
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