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ARTICLE · 05 DECEMBER 2012

Town Liable For Negligence Re Developer’s Storm Sewer

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Property owners often suffered damage when storm and sanitary sewers malfunction.

CanadaEnvironment
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Property owners often suffered damage when storm and sanitary sewers malfunction. Canadian municipalities are generally exempt from civil suits in nuisance relating to their sewers, due to special statutes adopted across the country. However, they can be successfully sued in negligence. Such suits are increasingly popular, especially because property owners are often unable to obtain insurance against sewage backups, especially if they have happened before.

In Pearson v. Fort Frances, the property owners successfully sued the town for negligence relating to a storm sewer built on an easement across their property by a subdivision developer.

In 2001, a sinkhole developed on the property following large storms; in 2002 their entire back yard slid into a ravine.

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