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.
