The plaintiff sued his neighbours in nuisance and negligence, alleging that their home reconstruction altered drainage patterns and caused water to infiltrate his basement.
The defendants counterclaimed for trespass, nuisance, malicious prosecution, and abuse of process, alleging the plaintiff's own landscaping caused the water issues and that the plaintiff's wife maliciously sought a peace bond against them.
The court dismissed both the claim and the counterclaim.
The court found the defendants' construction was reasonable, approved by the city, and did not breach the standard of care.
Furthermore, the plaintiff failed to prove causation, as expert evidence indicated the plaintiff's own landscaping likely caused the water accumulation.
The counterclaims were dismissed as trivial or lacking evidence of malice.
