Background Facts: The appellants owned property in Comox, British Columbia, through which Golf Creek, a natural watercourse, ran. Over time, urbanization allegedly increased the creek's flow rate and volume, leading to erosion on the appellants' property. The appellants constructed an erosion control wall and began monitoring water quality, finding contaminants that exceeded provincial standards. Kenneth and Norine McDonald claimed that the Town’s stormwater management system caused this contamination and erosion, impairing their riparian rights.

Legal Issue: The main legal issue was whether the appellants retained common law riparian rights in British Columbia, particularly the right to receive water in its natural quality and quantity. The Town of Comox argued that these rights had been extinguished by provincial legislation, while the appellants contended that they still existed and had been violated by the Town’s actions.

Chambers Decision: The Supreme Court of British Columbia previously dismissed the appellants’ application under Rule 9-4 to resolve this legal issue before trial. The chambers judge believed that resolving the legal point pre-trial would not save significant time or costs and might cause delays.

Appeal Outcome: The Court of Appeal allowed the appeal, finding that the chambers judge failed to properly consider the appellants' commitment to discontinue the action if they lost on the legal point. Resolving the issue first could save substantial trial costs.

Costs: The decision did not specify an award of costs, but the successful party, the appellants, would typically be entitled to costs.