Damaged Curbs Do Not Attract Automatic Liability
| Published date | 29 June 2022 |
| Subject Matter | Litigation, Mediation & Arbitration, Trials & Appeals & Compensation |
| Law Firm | CLC (Canadian Litigation Counsel) |
| Author | Mr Nabeel Peermohamed (Brownlee LLP) |
By utilizing key sections within the Municipal Government Act (MGA), the Municipality of Crowsnest Pass successfully demonstrated that it was not liable for damage caused to private property when water flowed over a sunken roadside curb during heavy rainfall in June 2017.
In Pulkinen v Crowsnest Pass (Municipality), 2020 ABPC 53, the plaintiff alleged that a sunken curb's failure to block storm water runoff directly contributed to soil erosion in his home's backyard. In its defence, Crowsnest Pass said that it was aware of...
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