Roy O’Connor LLP has issued a proposed class action lawsuit against the City of Thunder Bay for damage alleged to be caused to pipes and plumbing systems following the City’s introduction of sodium hydroxide into the municipal water supply. The damage alleged includes what are described as “pinhole leaks” in the plumbing, the significant costs to repair the leaks, and the resulting damage from the leaks.
The proposed class action seeks compensation totaling $350,000,000 to cover the thousand or tens of thousands of residents, businesses and other operations whose pipes and plumbing systems were damaged or, are at risk of damage and failure, by the City’s introduction of sodium hydroxide into the water supply years ago. Following complaints and concerns being raised, the City discontinued the use of sodium hydroxide earlier this year.
The Plaintiff’s statement of claim alleges that, among other things, the City owed legal duties to the proposed class members (including individuals, businesses and other organizations supplied with water from the City) to ensure that the water supply did not unnecessarily corrode their pipes and plumbing systems. The statement of claim alleges that the City breached those duties through the introduction and use of sodium hydroxide into the water supply. The statement of claim further alleges that the City had more reasonable, prudent and appropriate alternatives (other than the introduction of sodium hydroxide) that were readily available to address any concerns that the City had about the potential leaching of lead in plumbing systems in a subset of local properties. The Plaintiff’s allegations have yet to be proven in Court.
The Plaintiff will move for the certification of this action as a class proceeding.
A Class Action Case Management Judge has been appointed to oversee this action.
The City of Thunder Bay has appointed legal counsel and served a Notice of Intent to Defend.
The Plaintiff and her lawyers are in the process of gathering evidence in support of her certification motion. The Plaintiff will, in the near future, request that a timetable be established for the hearing of the certification motion.
Additional updates will be posted on this site as the case develops.
Please be advised that you do not have to do anything to participate in this proposed class action. If the class action is certified anyone fitting in the class definition approved by the Court will, unless they choose to exclude themselves from the action, automatically be included in the class action.
For more information about this action please contact James Katsuras at: