Legal Update – Recent Court Decisions

Bavelas v. Copely and District of Saanich
B.C. Court of Appeal (2001)

• no claim for damages may be brought against a district municipality for draining highways with ditches and discharging water to a convenient watercourse – even if the watercourse is on private property and causes damage to private property

“549. (1) A district municipality may

(a) collect the water from any highway by means of drains or ditches, and
(b) convey to and discharge the water in the most convenient natural waterway or watercourse.

(7) No action arising out of, by reason of or in respect of the construction, maintenance, operation or use of a drain or ditch authorized by this section, whenever the drain or ditch is or was constructed, may be brought or maintained in a court against a district municipality.”