Background: The Sumas Prairie, a floodplain in Abbotsford, experienced severe flooding due to atmospheric rivers causing the Fraser River to overflow. Plaintiffs alleged the city failed to close floodboxes at the Barrowtown Pump Station, exacerbating the flood damage.

Legal Arguments/Issues

• Negligence: Plaintiffs argued Abbotsford breached its duty of care by not closing the floodboxes during a significant storm event, which operational procedures mandated.
• Nuisance: Plaintiffs claimed the city's failure constituted public and private nuisances, interfering with their property use and enjoyment.
• Class Certification: The court examined whether the case met the criteria for class action certification under the Class Proceedings Act, focusing on commonality, identifiable class, and preferable procedure.

Held: Justice Dley granted the application to certify the action as a class proceeding. The court found the pleadings disclosed a cause of action in both negligence and nuisance, establishing a prima facie duty of care and foreseeable harm. The class was defined as residents of the Sumas Prairie affected by the flood. The court concluded that Abbotsford's operational failures at the Pump Station could have contributed to the flood damage, warranting a trial. The certification allowed the class action to proceed.

Costs/Damages Awarded: Specific details on costs or awards in favor of the plaintiffs were not provided in the document.