What is the legal test to determine whether a landowner has a right to discharge water from his or her land into a natural watercourse?
Ontario, Canada
The following excerpt is from Tucker v. Young, 1899 CanLII 25 (ON CA):
The question here is not one of draining into a natural watercourse, nor is it the question raised and determined in the case of Ostrom v. Sills (1897), 24 A.R. 526, (1898), 1898 CanLII 4 (SCC), 28 S.C.R. 485, which was an action between adjoining owners involving the legal right of the dominant owner to discharge surface water falling on his land on the land of the servient owner.
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