Ross Weber

The appellants appealed a Small Claims Court decision dismissing their claim for damages caused by storm water flowing from the respondent's property.

The respondent had regraded and repaved his driveway, altering the natural drainage and causing water to flow into the appellants' basement window wells.

The Divisional Court allowed the appeal, finding that the trial judge erred in relying on outdated law regarding natural water flow.

The court held that the respondent's artificial alteration of the driveway surface, which directed water onto the appellants' property, constituted an actionable nuisance.

Judgment was entered for the appellants for $14,000 to install a protective curb.

The appellant appealed the dismissal of its claim for damages against the City for groundwater contamination caused by road salt, which allegedly prevented the development of a medical office building with underground parking.

The trial judge rejected the appellant's evidence that it actually intended to build such a development and subsequently excluded the appellant's expert evidence, which was based on that rejected factual foundation.

The Court of Appeal dismissed the appeal, finding no error in the trial judge's credibility findings, evidentiary rulings, or costs award.