Le Lézard
Subjects: LAW, PSF, CMG

Class Action Lawsuit launched against the City of Thunder Bay for Leaking Pipes


TORONTO, Nov. 24, 2020 /CNW/ - The law firm of Roy O'Connor LLP and Patsy Stadnyk (as representative plaintiff) launched 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.   

In August of 2020, Ms. Stadnyk spent more than $8,750 to repair or remedy leaks at a property that she owned in the City.   Ms. Stadnyk and many others have spent the last several months raising public awareness about the risks posed by sodium hydroxide and asking the City of Thunder Bay to address those problems.  According to Ms. Stadnyk:

"This is a real problem and major source of stress for the people serviced by the City's water supply. Thousands of homes and other properties have already been damaged and people are worried about when and where the next set of leaks will occur. As residents know, we have been trying to get the City to respond to the situation and damages but with no success. Given the lack of a response, I have now hired serious class action lawyers who have significant experience in litigating against governments."

David O'Connor, a senior partner with Roy O'Connor LLP, is the lead lawyer working on the case. Mr. O'Connor noted that:     

"Unfortunately, we understand that thousands of properties have experienced leaks and damage.  Many more may be at risk. This class action should provide an effective means for people to seek compensation for a significant and costly problem that they did not create.  We will press this case forward with vigour in the interests of those who have already experienced leaks and those who are concerned about their properties and potential costs."  

Roy O'Connor are experienced class action lawyers that have launched a number of Canada's precedent setting class proceedings.  Roy O'Connor LLP is being assisted by Erik Knutsen. Now a professor at Queen's University Faculty of Law, Mr. Knutsen was born in Thunder Bay and has been following the City's use of sodium hydroxide and the issues that subsequently arose with residents' plumbing systems. 

The Plaintiff's statement of claim alleges that, among other things, that the City owed legal duties to the proposed class members (including individuals and businesses supplied with water from the City) to ensure that its water supply did not unnecessarily oxidize or corrode the pipes and plumbing systems of the Class Members. The statement of claim alleges that the City breached those duties through its introduction 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 and use 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. 

ABOUT ROY O'CONNOR LLP 

Roy O'Connor LLP ? Roy O'Connor LLP (www.royoconnor.ca)  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).  David F. O'Connor is one of the founding partners in Roy O'Connor LLP and has significant experience in class actions.

SOURCE Roy O'Connor LLP



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