I had the same problem with the city. I looked up the Water Act and discovered it is illegal for anyone to flood another's property by changing the drainage pattern, unless they have the owners permission. This is one of the few property rights we still have as owners.

WATER ACT
[RSBC 1996] CHAPTER 483

General offences
93 (1) Sections 4 and 5 of the Offence Act do not apply to this Act or the regulations
(2) A person who does any of the following commits an offence:
(i) constructs, maintains, operates or uses works without authority;
Quick licensing procedures
3.1 (1) In this section, "application for a change of works" means, in respect of a licence
(4) An application for a licence does not qualify as an eligible application under section 12.1 of the Act unless, before the application is considered,
(a) the applicant delivers or causes to be delivered, in accordance with subsection (6) of this section, a copy of the following to each owner, if any, whose parcel of land is or is likely to be physically affected by the applicant's works:
(i) a copy of the application;
(ii) a copy of the drawing referred to in section 2 (1) (k) of this regulation;
(iii) a copy of a Landowner's Consent Form in Form 1 of Schedule D, and
(b) the applicant submits, for each parcel of land referred to in paragraph (a), a Landowner's Consent Form in Form 1 of Schedule D, completed and signed by the owner of the parcel or by that owner's agent and to which is attached
(i) a copy of the application, and
(ii) a copy of the drawing referred to in paragraph (a) (ii) signed by the owner of the parcel or by that owner's agent.

I removed the city berm so my property drained properly. The city ditch was behind the berm. I could not be forced to replace the berm either as I can not be compelled to do self-harm by flooding my own property.

The local government has to expropriate land that would be flooded, or come to some sort of agreement with the owner. It's a pity that the owner has to be harmed first, no matter whether everyone knows you are going to get hurt. It's funny in this respect in that it is no accident, but you have to watch it coming and get hit first before anyone is forced to listen to reason. That's the law.

Maybe Mr. Brink should bring in some proper soil and go about changing his career to becoming a rice grower. Might have to wait a bit before " global warming" kicks in, but it may be well worth the wait.

Forget the engineers- get a lawyer working on it!

I hope the new city council hands Derek Bates a bag of carrots, and an axe.

Then instruct him to offer carrots to senior management and top bureaucrats to change their ways.

And if (when!) they don't, give them the axe.

Can we please elect some councillors with stones?

Yama,

Good work, This will leave the city in liable situation, thus this should become a political football for our next election.

This berm thing is a whole lot of crap, and it should have never been built. Those in council today who was in favor or support, should have to defend it at election time.

Why don't you go on down to the courthouse and lay a private information against the city then? The city is counting on you doing nothing.

I believe that Mr Brink bought this property knowing full well it was in the flood plain and releasing the city from any liability due to this flooding issue... I could be wrong but that is what I was told

Green: the entire bowl was part of the river bed decades ago. The city at that time back filled and raised the area. You can not build nor get insurance in flood risk zones. If the city was fully aware of the flood risk, that they zoned, and then sold, this puts the liability back squarely on the city.
All in all, this whole thing has been poorly handled from the getgo. Too much fingerpointing and not enough practical action. The latest actions (the berm) has caused more harm than good imo.

Green, obviously your not aware of the fact that the city building the dike essentially is the reason why brink is being flooded out. This has nothing to do with the rising river water.

Brink built on the "gravel pits" the locals old swimming hole. He was anxious enough to get there as he took out a temporary use permit and then just hung on.