Class Action Lawsuit over Thunder Bay Flooding Moves Forward After Mediation
It has been nearly a decade since the Thunder Bay flood that led to damage and ruins in thousands of homes in the area and just now the class action that arose from the event is headed to mediation. The class action was filed on behalf of residents in the area after mediation attempts to resolve the matter failed.
The lawsuit is seeking up to $375 million in damages and claims the local sewage treatment plant failure of operating negligence led to the disaster. According to the city, the May 28, 2012 storm was too much for the plant to handle. The storm caused more than 100 millimeters of water to drench the city in less than 35 hours. More than 50 millimeters of rain fell in just one hour.
There were ongoing discussions between the city and the lawyers representing residents that lasted two days. The mediation was overseen by retired Supreme Court of Canada Justice Thomas Cromwell. Despite the failure of the mediation, Megan McPhee and the other attorneys expressed positivity about the case. The two parties agreed to proceed with documentary production as they moved closer to trial. McPhee also stated that the case is a priority for her firm and acknowledged how long residents have had to wait for a resolution. She is encouraging people to save their documents, their receipts, and anything else they have associated with the case to have the best possible litigation experience.
In addition to the class action filed by residents, the city is also involved in a separate legal dispute with insurance companies related to the storm.