Drainage and Flooding

Municipal Clients

Increasingly, municipalities face the challenge of planning for or dealing with a range of drainage and flood-related issues. More frequently, design standards and technical requirements to address potential flooding are becoming matters of significant importance for municipalities in their long-range planning.

Duxbury Law provides advice to municipalities on the current state of the law as it pertains to liability for drainage and flooding issues. We give advice on the standard of care as well as the common law as it relates to drainage matters, including issues of riparian rights. We have experience with the application of the Drainage Act.

Individual Land-Owner Clients

Duxbury Law regularly represents individual land owners with respect to drainage issues. In some cases, its with respect to neighbour issues and unwanted drainage onto one’s lands, and in other cases individuals can sometimes find themselves at odds with municipal by-laws, conservation authorities, watershed issues, or environmental law. Duxbury Law has experience in working to resolve these issues, whether it is before the Ontario Drainage Referee, another Tribunal, the Superior Court of Justice or Provincial Offences Court.