City of Thunder Bay Leaking Pipes Class Action
Roy O’Connor LLP has issued a 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 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 in 2020.
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.
Next Steps & Notice of Certification
The Plaintiff served her motion record in support of certification on February 18, 2022. The City of Thunder Bay is served its responding record in August, 2022.
The hearing of the certification motion proceeded via Zoom on June 14, 2023 before the Honourable Justice Paul Perell of the Ontario Superior Court of Justice. Justice Perell reserved his decision.
In very general terms, this decision means that the case will move ahead on behalf of the Class and can proceed to a future determination by a judge on the questions whether the City breached a duty owed to the class and, if so, whether the City caused or contributed to losses sustained by the Class. For clarity, and as set out above, this decision did not make any determinations on the merits of those questions. We also note that His Honour did not certify another additional claim in what is known in legal terms as ‘nuisance.’ The nuisance claim was not permitted to proceed in part because His Honour found that the City of Thunder Bay is immune from these claims in nuisance for the escape of water pursuant to s. 449 of the Municipal Act.
Notice of Certification
The Court has recently approved the text of the official Notice of Certification summarizing, among other things, the Class Members’ rights in this action arising from certification and instructions on how to exclude themselves (i.e. opt-out) from this proceeding. Please click here to view or download the official Notice of Certification.
2024 Mediation
Following the certification of this action as a class proceeding, the Parties have agreed to attend a confidential mediation before the Honourable George Strathy, the former Chief-Justice of Ontario, in an effort to settle this class action. The mediation proceeded in April 2024 but did not result in a settlement.
Additional updates will be posted on this site as the case develops.
Register For More Information
If you believe that you may be a class member in this proceeding and wish to receive information from time to time about the status of the lawsuit, you may request such information by filling in the form found at: The Registration Page
More Information
For more information please contact James Katsuras at:
Email:
thunderbayclassaction@royoconnor.ca
Phone: 416-362-1989
Toll Free: 1-888-303-5033
About Roy O’Connor LLP
Roy O’Connor LLP - Roy O’Connor LLP has been recognized in peer reviews as one of Canada’s leading boutique litigation firms and leading litigators in class actions. Among other things, Roy O’Connor is Benchmark Canada's (a guide to Canada's leading litigators) three-time winner of its award for Plaintiff’s Firm of the Year in Canada (2013, 2015 and 2017). For more information about Roy O’Connor, its lawyers and their experience please see our main site.