Can a municipality be held responsible for the loss of water supplies to adjoining landowners?

Newfoundland and Labrador, Canada


The following excerpt is from Tock v St John's Metropolitan Area Board, 1986 CanLII 2419 (NL CA):

As I see it, a water and sewage system within a municipality occupies a unique position in that it is not only permitted by landowners, but is demanded by them and is essential to the proper operation of the municipality. Contrary to the findings of the trial judge, it in my view can no longer be classified as a nonnatural user of land and the rule in Rylands v. Fletcher has no application. It is however unquestionably a potential danger to adjoining landowners and this is why, despite the public benefit derived therefrom, it must be designed and built according to engineering specifications that are appropriate to the circumstances, and properly maintained and supervised by the municipality. If there has not been sound design and construction or if inadequate maintenance is demonstrated, and damage results therefrom, the municipality can and will be held responsible in damages for any such loss. Again, however, this brings us back to a finding in negligence.

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