The moving defendant sought summary judgment dismissing negligence claims arising from alleged flooding of the plaintiffs’ property during a highway construction project.
The plaintiffs alleged that the grading contractor failed to keep the construction site free of obstructions, causing culvert blockages and diversion of water onto their property.
The court refused a late informal request to amend the statement of claim to add additional flooding dates, holding the amendments introduced new causes of action barred by the Limitations Act, 2002.
On the merits, the evidentiary record showed no proof that the contractor caused any blockage and no expert evidence establishing the applicable standard of care or its breach.
Finding no genuine issue requiring a trial, the court granted summary judgment dismissing the claim and all cross‑claims against the moving defendant.
