What is the impact of a malfunctioning sewage operation on a plaintiff's property?
Alberta, Canada
The following excerpt is from Cougar Home Sales (812711 Alberta Ltd.) v. Hillcrest Mobile Estates (Joma Enterprises Ltd.), 2010 ABPC 118 (CanLII):
In the present case the defendant’s sewage operation malfunctioned and caused damage to the plaintiff’s property. Responsibility attaches to the defendant if you apply the rational adopted in the Schievink v. Larsen case. I am of the view that it is appropriate to do so.
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