Does the evidentiary principle of res ipsa loquiter apply?
British Columbia, Canada
The following excerpt is from Boyd v. Nanaimo (City of), 1995 CanLII 2898 (BC SC):
13 The plaintiffs cannot find comfort in the evidentiary principle of res ipsa loquiter, for the reason that it cannot be said that the flooding would not have happened without negligence. Hellenius et al v. Lees 1971 CanLII 18 (SCC), 20 D.L.R. (3d) 369 at 374 (S.C.C.).
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