Is Saanich liable in a claim for damages arising out of the failure of a water or drainage facility or system?
British Columbia, Canada
The following excerpt is from Bavelas v. Copley, 1999 CanLII 5420 (BC SC):
In its Statement of Defence Saanich also asserted that s. 755.3 of the Municipal Act (now s. 288) is a bar to the plaintiff’s action against it in nuisance. The relevant parts of that section provide that: 288A 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 ... (b) a water or drainage facility or system
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