In what circumstances will a municipality be found liable in a claim brought by a homeowner whose drain is not connected to the municipal system?

Boyd Co. Ct. J. in Brine v. North Vancouver (1990), 46 M.P.L.R. 202 at pages 204 to 205: Secondly, the plaintiffs say that s.598 [now s.560(1)] cannot be relied upon as a bar to their claims since here the individual landowners have been allowed to connect their drain tile systems to the municipal storm and sewer system. Since the construction of the individual drain tile systems has not proceeded under the authority of s.596 of the Municipal Act, the plaintiffs submit that the protection offered by s.598 is unavailable. In other words, where the Municipality goes beyond collecting water from the roads and highways and collects water from the non-highway sources - that is, the private properties along the system - and where this greater now of water is then "directed" onto the plaintiffs' properties, the Municipality should be liable regardless of the protection offered by s.598. I cannot accept this line of argument. The entire municipal drainage system, including the leaders to individual homeowners' drain tile systems, is constructed pursuant to s.596 of the Act. To accept the plaintiffs' line of argument would effectively render s.598 meaningless.