In what circumstances will the city of Regina be liable for damage caused by a water main failure?
Saskatchewan, Canada
The following excerpt is from Armstrong v. Regina (City), 1971 CanLII 812 (SK QB):
In Regina Cartage & Storage Co. Ltd. v. Regina (City) (1967), 1967 CanLII 396 (SK QB), 61 W.W.R. 443 (Sask.), it was pointed out and I respectfully agree, that the rule in Rylands v. Fletcher (1868), L.R. 3 H.L. 330, did not apply in the case of a company authorized by statute to lay down water pipes. It was also held that as the municipality was under a statutory duty to care for and maintain its public works it was not liable for damage caused by a broken water main unless negligence was proved.
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