Is a municipality, council, regional district, or board or improvement district liable in any action based on nuisance or on the rule in the Rylands v Fletcher case?
British Columbia, Canada
The following excerpt is from Talarico v. Town of Fort Nelson, 2008 BCSC 861 (CanLII):
Section 288(b) of the Local Government Act provides: 288 A municipality, council, regional district, board or improvement district, or a greater board, is not liable in any action based on nuisance or on the rule in the Rylands v. Fletcher case if the damages arise, directly or indirectly, out of the breakdown or malfunction of … (b) a water or drainage facility or system …
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