THUNDER BAY -- The city is now facing two multimillion-dollar lawsuits relating to the May 28th floods.
The Toronto-based law firm Adair Morse LLP filed the $510 million lawsuit against the city on Oct. 29. Monique Young, David Arnold and Palmira Unick claim the city’s alleged negligence during the floods resulted in the Atlantic Avenue Secondary Sewage Treatment Plant shutting down, which led to damaged homes across the East End.
The three residents, all of whom live in the East End, claim the treatment plant shut down because of a single pump failure and the four other available pumps were not used during the storm.
They go on to accuse the city of having no staff on site that weekend and having no alternative pumps or a bypass to ensure sewage wouldn't backup into people's homes.
This new lawsuit is the second filed against the city in the aftermath of the May flooding. The Watkins Law firm filed a claim of $320 million in June. That lawsuit also accuses the city of negligence. None of these accusations have been proven and the city has less than 20 days to respond to the newest claim.
Jerome Morse, one of the lawyers involved in the most recent class action suit, said local lawyer Chris Hacio brought the situation to his attention when a number of residents came forward saying they had suffered from the flood.
Morse met with Hacio and 250 other people in order to get details to file the statement of claim. He said there’s no way to tell right now how many residents will fit the definition that’s laid out in the claim, but guessed there could be well over a thousand people involved.
While more people are being added on the class-action suit, the amount being asked to cover damages will not increase.
“You file a claim for a proposed class action with representatives who fit the definition of the class,” Morse said.
“If certified, it is not just the three people but it is everybody that fits in the description. They’re presumed to be a part of that class. You don’t go out and sign them up it is the opposite.
"You send out notices and you find out who doesn't want to be a part of it.”
The Morse law firm has handled a number of class-action lawsuits.
Some of those included the Sun Rise propane explosion on Highway 401, a class action lawsuit against Tim Hortons and one against a private school.
Morse said they have about seven or eight class action lawsuits currently on the go.
Although two class-action lawsuits have been filed, he said it will be up to the courts to decide if either of the suits proceed.
But if the courts decide the suits have merit, they will have to choose which lawsuit moves forward.
“For practical purposes the class actions could be combined but it is a little bit more complicated than that,” Morse said.
“The claim, if it is a class-action, would be the same for our representative plaintiffs as the representative plaintiffs in the other action. If we can’t agree and proceed as one and who should be the council representing, then the court has that kind of choice to make on who’s characteristics best typify the class that makes them the best representative of the plaintiff.”
City Manager Tim Commisso wouldn’t comment on the lawsuit specifically, but confirmed that the city had received the claim and were prepared to defend themselves against it.
Tbnewswatch.com attempted to contact lawyers at the Watkins law firm but was unsuccessful.
