The court considered a dispute between neighbouring commercial property owners after repeated basement flooding at 1330 Gerrard Inc., attributed to a rain garden installed by Riverdale Immigrant Women Enterprises.
The court found that the rain garden, as constructed and maintained, was the proximate cause of the flooding and ordered its removal and replacement with a conventional drainpipe.
The court also addressed the application of the rule in Rylands v. Fletcher, finding strict liability appropriate due to the non-natural use of land.
The court declined to order further invasive remedies, adopting a "wait and see" approach regarding potential structural damage.
