Law360 Canada ( June 1, 2026, 9:39 AM EDT) -- Appeal by the City of Abbotsford (City) from orders certifying a class proceeding arising from the flooding of the Sumas Prairie and appointing representative plaintiffs for subclasses. The chambers judge certified claims in negligence, private nuisance, and public nuisance, finding the pleadings disclosed causes of action, that there was an identifiable class, common issues supported by a plausible methodology, and that a class proceeding was the preferable procedure. The chambers judge rejected the City’s argument that irreconcilable conflicts existed between Inner Prairie and Outer Prairie residents, concluding any divergence went to damages, not duty or breach. To address potential conflicts, the chambers judge created indemnity subclasses, required separate counsel, and later appointed Oranya Farms II Holdings Inc. and Western Turf Farms Ltd. as representative plaintiffs for the Inner and Outer Prairie indemnity subclasses. On appeal, the City alleged five errors, including insufficient scrutiny of the proposed methodology for common issues, failure to recognize conflicts between Inner and Outer Prairie residents, failure to disclose causes of action in private and public nuisance, and failure to adequately address conflicts arising from indemnity covenants exposing some class members to potential cost liability. The City argued the expert methodology did not account for flooding from other sources, particularly the Nooksack River, and that indemnity bound class members faced unacceptable conflicts, including uncertainty about opt‑out decisions and exposure to adverse costs....