Faulkner v. City of Ottawa

Faulkner v. City of Ottawa

Majority held the Clarence Street sewer, when assessed with local physical conditions and empirical tests, met the accepted engineering standard of handling up to 1.5 inches per hour; the June 30, 1903 downpour (3 in/hr for nine minutes) was an extraordinary event which the city was not obliged to provide against, therefore the city was not liable and the appeal was dismissed.

Citation
(1909) 41 SCR 190
Parties
Plaintiff/appellant: J.A. Faulkner; Defendant/respondent: City of Ottawa
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 February 1909
Procedural Posture
Civil Appeal (municipal Negligence) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal dismissed with costs
Legal Topics
Municipal Liability, Drainage Infrastructure, Foreseeability of Natural Events, Local Improvement Powers, Statutory Authority
Source Language
English
Municipal Law Tort Negligence Public Works Law Municipal Liability Drainage Infrastructure Foreseeability of Natural Events Local Improvement Powers +1 more

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Parties

J.A. Faulkner

Plaintiff/appellant

City of Ottawa

Defendant/respondent

Procedural Posture

Civil Appeal (municipal Negligence) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the City was negligent in allowing the sewer to be overburdened causing flooding of plaintiff's cellar
  2. 2 Whether the sewer conformed to accepted engineering standards (capacity for 1.5 in/hr)
  3. 3 Whether the rainfall (3 in/hr for nine minutes) was an unforeseeable vis major excusing liability

Ratio Decidendi

Majority held the Clarence Street sewer, when assessed with local physical conditions and empirical tests, met the accepted engineering standard of handling up to 1.5 inches per hour; the June 30, 1903 downpour (3 in/hr for nine minutes) was an extraordinary event which the city was not obliged to provide against, therefore the city was not liable and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs