Action for flooding damages dismissed as plaintiff failed to serve valid notice of non-repair under the Drainage Act.
The plaintiff brought an action against the Municipality for damages arising from the flooding of her property, alleging that the Municipality failed to maintain and repair a municipal drain.
The Municipality brought a motion to dismiss the claims.
The Acting Drainage Referee held that the plaintiff failed to serve sufficient notice of non-repair as required by section 79 of the Drainage Act, finding that undocumented verbal communications and informal emails to the Drainage Superintendent and Director of Public Works did not constitute valid service on the head or clerk of the Municipality.
The Referee also held that the Court of the Drainage Referee lacks jurisdiction to adjudicate claims for common law injurious affection and negligence that are not rooted in the Drainage Act.
The action was dismissed.
Katrina Collins v. Municipality of Middlesex Centre, 2025 ONDR 2
