Supreme Court of Canada
Rural Municipality of Scott v. Edwards, [1934] S.C.R.
332
Date: 1934-05-08.
Rural Municipality
of Scott v. Edwards
1934: May 3, 4; 1934: May 8.
Present: Duff C.J. and Rinfret, Cannon,
Crocket and Hughes JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR
SASKATCHEWAN
Waters and watercourses—Question as to
existence of watercourait? rse—Right
of proprietor to prevent surface water from draining on to his land.
APPEAL by the defendant rural municipality
(by special leave granted by the Court of Appeal for Saskatchewan) from the
judgment of the Court of Appeal for Saskatchewan,
which held that there was nothing in the nature of a watercourse upon the lands
in question, but only a succession of sloughs or depressions where surface
water collected and at times of excessive rains or melting snow diffused itself
over considerable areas and on such occasions moved through narrows to sloughs
or depressions in lower areas; that, under the law in force in Saskatchewan,
such surface water, which had accumulated on neighbouring lands and on the
defendant’s road allowance, could be prevented by the plaintiff from draining
on to his land, and that, under the circumstances, he was entitled to an
injunction restraining the defendant from interfering with a dam which
plaintiff had for that purpose erected on his land.
On the appeal to the Supreme Court of Canada,
after hearing argument of counsel, the Court reserved judgment, and on a
subsequent day delivered judgment dismissing the appeal with costs, and expressing
reasons as follows: “We concur with the conclusions of the Court of Appeal and
we see no reason to add anything to the reasons (1) given in support of those
conclusions by Mr. Justice Martin which, in our view, are entirely
satisfactory.”
Appeal dismissed with costs.
P. M. Anderson K.C. for the appellant.
Charles Schull for
the respondent.
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