facilitate removal of flooring material, but no baseboards or wallboard
had been removed from the first addition. This suggests the point of
entry of the water was not above the foundation wall, but through the
joint in the foundation wall. Had the water entered above the foundation the insulation in the wall would have been soaked and the wallboard would have been removed to allow for the removal of the
 Parker relies on a report prepared by Henry Hutchison,
a professional engineer who was retained by Parker to review
the site conditions and provide comment with respect to the
cause of water infiltration into the premises after the rainstorm
on June 30, 2014. His report states:
(a) The pooling of water extended up to the exterior wall of the building
and was higher than the exterior grade at the north-west corner of the
building. The photographs taken at the time indicate that the flood
waters extended at least 0.22 meters above the interior finished floor.
(b) Water within the building was concurrent with above-grade flooding
and had an apparent path over the curb wall (approximately 0.20
meters above the interior finished floor) and sheet membrane.
(c) There is no evidence that water entered the building from a source
below the surface of the ground.
(d) He agreed with “the apparent assessment of the location of water
entering the building as indicated” by the report prepared by Smrke.
(e) The flood level was above the upper extent of the waterproof membrane and concrete curb.
 While I generally accept Smrke’s observations and conclusions, I do not accept his conclusion that “it is likely that
the water entered below the surface of the ground”. His report
does not explain how he reaches this conclusion. While the
water level did not rise above the top of the concrete block
foundation, the top of the concrete block foundation is several
inches above the surface of the ground. It is clear that the
rainwater pooled above the surface of the ground. The photographs appended to his report identify the “residue from Water
Line”, which confirms that the high water mark from the pooling of rain water is several inches above the exterior grade of
the building and rises to just above the waterproof membrane
(although still below the top of the foundation blocks). That
the water is above the ground is also confirmed by the photographs of the pooling outside the building taken just after the
rain storm. Finally, as I understand Smrke’s photographs, the
“likely point of water ingress” points to a gap that is clearly
above ground. It is below the top of the foundation, but it is
above the surface of the ground.