THUNDER BAY – NEWS – The claimants have recently agreed to discontinue a second Flood Class Action against the City, which started about two years after the initial action. Both actions arose out of the May 28, 2012 flood disaster.
As a result, several of the allegations in the second claim have now been incorporated in the first Class Action suit. Specifically, the claimants allege that the City contributed to the overloading of the Atlantic Avenue Plant by not enforcing its Downspout Disconnection By-Law. The claimants now allege that the City was negligent in failing to prosecute the claimants to disconnect their rainwater leaders.
The City disputes this claim. An estimated 200 roof rainwater leaders, or downspouts, had not yet been disconnected following the City’s efforts from 1999 to 2005 to bring about disconnection. However, under the By-law, it is the owners’ responsibility to comply. Also, it is highly unlikely that the water from connected downspouts contributed in any significant way to the overflows to the plant. These issues are presently being addressed by experts retained to assist the City in its defence.
Although the City does not accept the allegations, if a Court finds merit in them, at all times it remained the responsibility of the claimants to meet the Downspout Disconnection By-Law and, for that reason, the third party proceedings would seek contribution from them for damages incurred.
Claimants who receive the third party claim legal documents should contact their insurer or lawyer for assistance.
