In what circumstances will a plaintiff be able to claim damages from a municipality?
Saskatchewan, Canada
The following excerpt is from Abello et al. v. Scott No. 98 (Rural Municipality), 1988 CanLII 4985 (SK QB):
In such a situation the onus is on the plaintiffs to show that but for the work done by the municipality they would not have sustained the damages for which they claim. This is so even in respect of s. 9 of the Water Rights Act. See Rister v. Haubrich, 1958 CanLII 64 (SCC), [1958] S.C.R. 665, at p. 671. In my view the plaintiffs have failed to discharge this onus.
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