Guard et al. v. Trochu (Town), (2001) 297 A.R. 373 (QB)

• Judge: Foster, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: June 01, 2001
• Citations: (2001), 297 A.R. 373 (QB);2001 ABQB 816

Guard v. Trochu (2001), 297 A.R. 373 (QB)

MLB headnote and full text

Temp. Cite: [2001] A.R. TBEd. OC.078

Gordon Guard, Ann Guard, Donald Gordon, Ruth Gordon, Michel Frere and Sandy Skretting (plaintiffs) v. Town of Trochu (defendant) and Ken's Electric (Trochu) Ltd. (third party)

(Action No. 9810-01339; 2001 ABQB 816)

Indexed As: Guard et al. v. Trochu (Town)

Alberta Court of Queen's Bench

Judicial District of Red Deer

Foster, J.

September 26, 2001.

Summary:

When the reservoir supplying water to the defendant town reached a minimum level, a sensing device triggered the pumping of water into the well. When the well reached a maximum level, the excess water drained into the sanitary sewer system. If the sensing system malfunctioned, water would continually be pumped into the well and then into the sewer system until the problem was noticed and the pump was manually shut off. The sensing system was damaged by lightning. Three days later, the plaintiffs' residences were flooded when a blockage in the sewer system caused it to back up. The plaintiffs sued for damages in negligence. A summary trial was held.

The Alberta Court of Queen's Bench allowed the action.

Municipal Law - Topic 1807

Liability of municipalities - Negligence - Standard of care - Construction and maintenance of water lines, sewers and drains - When the reservoir supplying water to the defendant town reached a minimum level, a sensing device triggered the pumping of water into the well - When the well reached a maximum level, the excess water drained into the sanitary sewer system - If the sensing system malfunctioned, water would continually be pumped into the well and then into the sewer system until the problem was noticed and the pump was manually shut off - The sensing system was damaged by lightning - Three days later, the plaintiffs' residences were flooded when a blockage in the sewer system caused it to back up - The plaintiffs sued for damages in negligence - The Alberta Court of Queen's Bench allowed the action - The town knew the sensing system malfunctioned and knew the risk of flooding taxpayers' homes if the sewer system encountered a blockage, which was a common event - The town should have more closely monitored the system and manually shut the pump off from time to time while the sensing system was repaired - The town chose the foreseeable and costly risk of damage to homeowners rather than incurring a more modest cost to reduce the risk.

Cases Noticed:

Stachniak v. Thorhild No. 7 (County) (2001), 285 A.R. 1 (Prov. Ct.), refd to. [para. 3].

Moyer v. Port Alberni (City) (1999), 6 B.C.T.C. 183 (S.C.), refd to. [para. 3].

Athey v. Leonati et al., [1996] 3 S.C.R. 458; 203 N.R. 36; 81 B.C.A.C. 243; 132 W.A.C. 243, refd to. [para. 3].

Snell v. Farrell (1990), 110 N.R. 200; 107 N.B.R.(2d) 94; 267 A.P.R. 94 (S.C.C.), refd to. [para. 3].

Wickberg v. Patterson (1997), 196 A.R. 43; 141 W.A.C. 43 (C.A.), refd to. [para. 4].

Arif v. Fredericton (City) (1986), 77 N.B.R.(2d) 34; 195 A.P.R. 34 (Q.B.), refd to. [para. 4].

C.T.P. Tractor Parts Ltd. v. Crosbie (1983), 42 Nfld. & P.E.I.R. 215; 122 A.P.R. 219 (Nfld. T.D.), refd to. [para. 4].

Eaton et al. v. Woodstock (City) et al. (1983), 22 M.P.L.R. 291 (Ont. Co. Ct.), refd to. [para. 4].

Authors and Works Noticed:

Rogers, Ian Macfee, The Law of Canadian Municipal Corporations (2nd Ed.), pp. 1406, 1408 [para. 4].

Counsel:

Erin A. MacPherson, for the plaintiffs;

James M. Doyle, for the defendant;

Gary F. Zimmermann, for the third party.

This action was heard on June 1, 2001, before Foster, J., of the Alberta Court of Queen's Bench, Judicial District of Red Deer, who delivered the following judgment on September 26, 2001.