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A warning from the Divisional Court: call before you pave

Tuesday, January 16, 2018 @ 9:00 AM | By Travis Weagant

On Nov. 30, 2017, the Divisional Court released its decision in Hammer v. Kirkpatrick 2017 ONSC 7150. This case was an appeal from a January 2017 unreported, oral decision of the small claims court, in which the deputy judge dismissed the plaintiffs’ claim in nuisance for damages arising from redirected water flow.

The plaintiffs live next door to, and downhill from, the defendant. The defendant’s driveway abuts the plaintiffs’ property. At the time the plaintiffs purchased their home, storm water from the defendant’s driveway and roof...