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ARTICLE · 09 FEBRUARY 2012

Municipal Liability For Flooding?

Siskinds LLP
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As climate change increases the intensity of storms, and as insurers become more reluctant to insure basements that are known to flood, we notice more and more lawsuits against municipalities for basement floods.

CanadaEnvironment
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As climate change increases the intensity of storms, and as insurers become more reluctant to insure basements that are known to flood, we notice more and more lawsuits against municipalities for basement floods. Municipalities generally benefit from statutory immunities against lawsuits in nuisance for water escaping from lawfully operated sewage works. However, they enjoy no such protection against claims in negligence.

One key feature of negligence claims is foreseeability. In Southern Ontario, the August 2005 storm created intense flooding, which put many municipalities on notice of flaws in their drainage systems. Municipalities have responded to this threat with varying degrees of urgency. and the courts have responded with varying degrees of sympathy.

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