In what circumstances will a municipality be able to claim damages for nuisance caused by a sewerage leak in a residential area?

Counsel made reference to Groat v. Edmonton, supra, where at pp. 532-33 Rinfret J. said: In cities and towns, drains and sewers are a necessity. Generally they are built under statutory powers. They may also be said to be constructed in the exercise of the collective rights which, in that respect, the local ratepayers have at common law and which are represented by the municipality. But these rights are necessarily restricted by correlative obligations. Although held by the municipalities for the benefit of all the inhabitants, they must not — except upon the basis of due compensation — be exercised by them to the prejudice of an individual ratepayer. So far as statutory powers are concerned, they should not be understood as authorizing the creation of a private nuisance — unless indeed the statute expressly so states.