Page v. British Columbia
On the balance of probabilities the plaintiff failed to prove that leakage from the PCID caused additional non‑natural water to flood the Page Property; the plaintiff's hearsay evidence lacked reliability and the Golder hydrogeological analysis was undermined by unreliable control piezometer data and omission of relevant flow measurements, whereas the defendants' expert evidence was preferred, so the nuisance claim fails.
Source excerpt
- Private nuisance
- Irrigation ditch leakage
- Water diversion
- Hearsay admissibility (principled exception)
- Expert hydrogeological evidence
- Injunctions