Trespass By Water, Insurance Duties, And Late Amendments To A Civil Claim

 

A hose can start a lawsuit—and a precedent can end one. We dive into two fresh BC court decisions that show how civil law balances fairness, timing, and finality. First, we break down a neighbourhood flooding dispute where homeowners sought to amend their notice of civil claim to add trespass by water and psychological injury tied to both the intrusion and an insurance denial. We explain why “trespass by water” is a real, narrow pathway—requiring a direct projection of water—and how it differs from nuisance or negligence. We also unpack the duty of good faith in insurance, when mental distress damages become possible, and how judges weigh late amendments against limitation periods, prejudice, and trial readiness.

Then we shift to a West Kelowna resort where restrictive covenants forced unit owners into a single rental pool. Years after the Court of Appeal found those covenants unenforceable for uncertainty, a new group of owners sought the same relief—only to face “new” evidence and a different ruling in chambers. The Court of Appeal stepped in, calling that relitigation an abuse of process and reaffirming stare decisis. We outline why finality matters, how judicial economy protects everyone, and what this win means for owners who want the freedom to rent privately or choose different management.

If you care about property rights, insurance law, and the nuts and bolts of civil procedure, this one offers practical takeaways: plead early and clearly, disclose injuries promptly, and do not expect a second bite at a settled apple. Subscribe, share with a friend who loves legal insight, and leave us a quick review to tell us where you stand on late amendments and legal do-overs.

 

Legally Speaking with Michael Mulligan is live on CFAX 1070 every Thursday at 12:30 p.m. It’s also available on Apple Podcasts or wherever you get your podcasts.