200 Thunder Bay property owners could be part of 2012 flood court case
Original class-action lawsuit against city of Thunder Bay continues but claimants drop second lawsuit
The claimants behind a second class-action lawsuit against the city of Thunder Bay, Ont., following a 2012 flood, have dropped their case. However, some property owners may become part of the original court case because of their failure to remove downspouts, the city stated in a news release Tuesday.
The additional class-action lawsuit was filed about two years after the initial court action. The two cases followed the May 2012 flood, which hit the city and surrounding areas.
The second lawsuit alleged that the failure of some property owners to disconnect rainwater leaders, or downspouts, had disastrous consequences during the flood.
In response, the city has mailed a warning to some property owners regarding their downspout. And now, those approximately 200 homeowners may become part of the original court case.
In a written statement on Tuesday, the city said many of the allegations contained in the second lawsuit have been added to the initial class-action suit.
"The claimants allege that the city contributed to the overloading of the Atlantic Avenue [wastewater] Plant by not enforcing its downspout disconnection bylaw," the city stated in the release. "The claimants now allege that the city was negligent in failing to prosecute the claimants to disconnect their rainwater."
The city is disputing this claim, arguing the bylaw states it is the responsibility of homeowners to disconnect their downspouts.
"It is highly unlikely that the water from connected downspouts contributed in any significant way to the overflows to the plant," the city stated.
"If there's any merit found in the lawsuit relative to this particular item, the disconnection of downspouts, we're putting them on notice," said city manager Tim Commisso.
The city said it does not accept the allegations being made against it, but will respect the court's decision if damages are awarded.
None of the allegations have been proven in court.