What is immunity from liability in nuisance claims?

British Columbia, Canada


The following excerpt is from Drader v. Abbotsford (City), 2012 BCSC 873 (CanLII):

Section 288 provides immunity from claims in nuisance or based on the rule in Rylands v. Fletcher (a specific type of nuisance where a property owner has a duty to prevent substances that would cause damage or mischief from escaping from his or her land), if the damages arise out of the breakdown or malfunction of a sewer system, water or drainage facility or system, or dyke or road.

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