Municipal Liability Insurance Claims - Public Notice
Section 288 of the BC Local Government Act states that a municipality is not liable in any action based on nuisance (or on the rule in the Rylands v. Fletcher case) if the damages arise, directly or indirectly, out of the breakdown or malfunction of: a sewer system; a water or drainage facility or system; a dyke or a road. Residents are cautioned to take steps to protect their property and are strongly urged to review their insurance policy with their individual broker.
Nuisance damage could be, for example, a basement floor being covered by backed-up sewage or by several centimeters of water stemming from a drainage system being blocked by yard refuse dumped in a municipal ditch. Each home owner or resident is responsible to ensure they have adequate coverage against nuisance damage.Go to Top