Is there a duty of care owed to a neighbour to prevent water from leaking from a neighbouring property?

British Columbia, Canada


The following excerpt is from Wang v. Kabli, 2018 BCCRT 338 (CanLII):

23. As noted in Mineault v. Kamloops (City), 2017 BCSC 316 at paragraph 67, where water flows from one property to an adjoining property, courts routinely find that the parties owe a duty of care to each other with respect to that water. In my view, the respondent owed a duty of care to the applicant and other neighbours whom he might reasonably foresee would be at risk of harm if water escaped from his unit.

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