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The Divisional Court allowed the appeal, finding that the trial judge erred in relying on outdated law regarding natural water flow.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