Is a municipality 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 Alberni v. Moyer, 1999 CanLII 5553 (BC SC):
Section 288 of the Municipal Act states: A municipality ... 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 (a)a sewer system, . . . .
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