Sarah Naughton

The plaintiff brought an action in nuisance, negligence, and strict liability against his neighbour after water from the neighbour's sump pump and failing septic system flooded his property.

The continuous flooding undermined the foundation of the plaintiff's home, causing it to structurally collapse and rendering it unsafe to inhabit.

The court found the defendant liable under the doctrine of Rylands v. Fletcher, as well as in negligence and nuisance, for failing to properly manage his water discharge and maintain his property.

The plaintiff was awarded $505,354.53 in damages to cover the replacement cost of his home and out-of-pocket expenses, plus $100,000 in costs.

The applicants and respondents own neighbouring properties subdivided from a single parcel.

The respondents hold an easement over a strip of the applicants' land for pedestrian access to 'use and enjoy the shores of Lake Ontario'.

The applicants sought a declaration limiting the respondents' use to mere ingress and egress to the water.

The court dismissed the application, finding that the surrounding circumstances at the time the easement was created, including the zoning of the strip as an open space private park, indicated an intention to allow recreational use such as sitting and enjoying the view, rather than just passing through.