The Crown appealed a Small Claims Court decision finding it liable in nuisance for damage to the respondent's dock caused by the release of water from the Trent-Severn Waterway during a heavy rainstorm.
The respondent cross-appealed the dismissal of his claims in negligence, Rylands v. Fletcher, and riparian rights, as well as the trial judge's costs award.
The Divisional Court dismissed the Crown's appeal, upholding the finding that the release of water caused the damage and constituted a nuisance.
The cross-appeal on liability was dismissed, but the cross-appeal on costs was allowed, increasing the respondent's trial costs to $645.50.
