What is the test for relying on the principle that a superior proprietor has a natural right to call on the inferior proprietor to receive water which naturally flows from the higher to the lower level?
Saskatchewan, Canada
The following excerpt is from Qualley v. Day, 1928 CanLII 156 (SK QB):
The case of Gibbons v. Lenfestey (1915) 84 L.J.P.C. 158, 113 L.T. 55, was strongly relied on by the defendant. But that case is not in my opinion applicable to the facts here. Rather does it emphasize the proposition I have depended on, the natural right of a superior proprietor to call on the inferior proprietor to receive the water which naturally flows from the higher to the lower level.
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