Mr. Heide Mikkelsen

The plaintiffs brought an action for damages arising from the flooding of their greenhouse, alleging the defendants negligently altered their adjacent property and caused the flood.

The parties had previously entered into Minutes of Settlement regarding the dispute, which the defendants subsequently breached by failing to construct a berm.

The court held that the plaintiffs could not rescind the settlement to resurrect their tort claim, as they had contracted it away.

Furthermore, the court found the plaintiffs failed to prove on a balance of probabilities that the defendants caused the flooding.

However, the court granted a declaration that the defendants breached the Minutes of Settlement, entitling the plaintiffs to damages for that breach.

The appellant appealed the Engineer's Report for the Setterington Lane Municipal Drain under the Drainage Act, challenging the assessments, the design of the drainage works, and the allowances provided.

The Tribunal found that the proposed work on the appellant's property, which included a large ditch and stormwater management facility, was excessive and unnecessary.

The Tribunal referred the report back to the Municipality with directions to delete the assumption of the existing drain upstream of a certain point, incorporate the construction of a berm as previously agreed upon by the neighbours, and increase the land allowance from $15,000 to $35,000 per acre.