The plaintiff brought an action in negligence, nuisance, and trespass against her neighbours and the City of Vaughan, alleging that construction activities on the neighbours' property altered the grading and caused water to flow onto her property, resulting in damages.
The claims against the municipal defendants were settled during trial.
The court dismissed the remaining claims against the neighbour, finding that the plaintiff failed to prove causation.
Expert evidence established that the water problems were actually caused by the plaintiff's own landscapers, who had flattened the common swale and altered the grading on her property, preventing proper drainage.
The court found no negligence or unreasonable interference by the neighbour.
