Sewer System Malfunction – Liability Of Local Governments

When infrastructure fails, it is usually unpleasant and costly.  Most local infrastructure – such as sewer, water and drainage – is operated by municipalities.  Section 288 of the Local Government Act protects local governments from liability for certain actions in nuisance resulting from malfunction of such systems.  A recent ruling in Ghaeli v. District of North Vancouver, 2015 BCPC 0073 is a reminder of this protection.  In this case, failure of aging infrastructure resulted in costs to the homeowner.  The Court held that the District was not liable for such costs based on section 288 of the Local Government Act.

Notably, the Court suggested that the District should make it clear on its website what homeowners should do if there is infrastructure failure.  Had Mr. Ghaeli called the District first – rather than a private company to investigate the matter – Mr. Ghaeli would have incurred fewer expenses.