Supreme Court

Decision Information

Decision Content

 

 

 

SUPREME COURT OF NOVA SCOTIA

Citation: Little v. Jost Mission Day Care Society, 2014 NSSC 86

 

 

 

Date: 20140305

Docket: Hfx. No. 311550

Registry: Halifax

 

Between:              

                                                             

Wayne Little and Anne Little

 

Plaintiffs

- and -

 

 

 

Jost Mission Day Care Society

Defendant

 

 

 

 

LIBRARY HEADING

 

 

 

 

Judge:         The Honourable Justice C. Richard Coughlan

 

Subject:      Torts - Claim in Negligence and Nuisance

 

 

 

 

 

 

 

 


Summary:   The plaintiffs live at 47 Punch Bowl Drive in the Armdale                            area of Halifax, Nova Scotia. Their property abuts property                             owned by the Jost Mission Day Care Society.  The plaintiffs property            is lower than the Societys land.  While renovating the basement  the             male plaintiff removed a portion of the foundation and saw water.                   He installed a sump pump.  It would take a large or severe rain to start                   the pump.  In 2007 new playgrounds and parking area were                         constructed on the Societys property.  In August 2007 there were                   heavy rains. The basement of the plaintiffs residence flooded causing             damage.  The plaintiffs sued the Society in negligence and nuisance                  claiming the defendants actions caused the flooding of their                         basement.

 

 

Issue: Is the defendant liable to the plaintiffs in either negligence or                       nuisance.

 

Result:        Action Dismissed.  The plaintiffs did not establish on a balance of probabilities that any action by the defendant caused the flooding which occurred in their residence.  Damages were provisionally assessed.  The plaintiffs were found to be contributorily negligent and liability was apportioned 75% against the defendant and 25% against the plaintiffs.

 

 

 

 

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