Law360 Canada ( July 23, 2024, 12:11 PM EDT) -- Appeal by Katelnikoff from dismissal of her application for permanent injunction to order Town of Irricana (Town) to remove drainage pipe from her property. After purchasing a home in 2021, Katelnikoff discovered an underground drainage pipe on her property that caused flooding when blocked. The Town refused to clear the blockage as it was on private property. Katelnikoff’s main grounds of appeal were the following: that the chambers judge erred by relying on evidence beyond her property title regarding the pipe’s ownership; that the wrong test was applied for a permanent rather than interim injunction; that the nuisance caused by flooding and pollution was not considered; and that numerous factual errors were made. Katelnikoff claimed that due to her position as the legal owner of the property, she had indefeasible title, and the Town had no right to maintain the pipe on her land without her consent. She argued that the pipe was a nuisance that caused flooding and environmental damage and a permanent injunction for its removal was warranted. The Town submitted that it had legal rights over the drainage infrastructure on Katelnikoff’s property and that the injunction was properly dismissed based on a lack of evidence....