Water case law in Québec 6: Municipal responsibility for watercourse maintenance

(BY HUGO)

A recent judgement by the Court of Appeal, Charlevoix-Est (Municipalité régionale de comté de) vs. Tremblay (in French), examines extracontractual liability stemming from the municipal duty to maintain watercourses in good condition.

The Plaintiffs operate a lodge on the banks of a tributary to the St Lawrence River. On 31 August 2005, the remnants of Hurricane Katrina cause precipitations abundant enough to breach 3 beaver dams upstream of the Plaintiffs' lodge, resulting in a flash flood and damages to the Plaintiffs' property. As a result, the Plaintiffs file an action in civil liability against a Regional County Municipality and claim close to half a million Canadian dollars.

First, the Court rejects the Municipality's defence based on force majeure. Second, the Court establishes that the Municipality has an obligation of means under the Municipal Code (see section 782 among others - these sections are now replaced by the Municipal Powers Act, under which the scope of the municipal obligation might be different) to maintain rivers in good condition and free of obstructions that might hinder the flow of water. Finally, the Court concludes that the Municipality has not done anything to fulfill its obligation in conformity to the standard of the reasonable and prudent person, and confirms the Municipality's responsibility for the damages claimed.