The plaintiffs brought an action for damages alleging that the defendants' replacement of a culvert under a local road caused flooding and erosion on their property.
The defendants brought a Rule 21 motion to strike the claim, arguing it was barred by the statutory immunity provision in s. 18 of the Local Roads Board Act.
The court found that the replacement of a culvert constitutes maintenance of a local road, and therefore the plaintiffs' claim was barred by statutory immunity.
The motion to strike was granted without leave to amend.
