The plaintiffs are homeowners in the municipality of Leamington. They allege that their home suffered property damage as a result of increased truck traffic on the road near their home. They argued, among other things, that s.44 of the Municipal Act applied and the municipality was liable for damage to the home. The claim was dismissed on summary judgment. On appeal, the Court held that the matter should be addressed at trial and that the language of s. 44 did not necessarily exclude such a claim.
