A Muskoka property owner has filed a multi-million dollar class-action lawsuit against the province for damage endured during spring flooding.
The $900 million lawsuit filed on Wednesday claims the property damage to cottages and homes along Lake Mukoka, Lake Joseph and Lake Rosseau was avoidable.
The suit alleges the water levels in the lakes became dangerous because of poor management and negligence by Ontario’s Ministry of Natural Resource and Forestry.
“Ontario’s failure to draw down the water levels and or effectively manage the water levels resulted in abnormally high water levels and flood situations on the Muskoka Lakes in March and April 2016,” the statement of claim reads.
Peter Burgess is the representative plaintiff in the lawsuit and in a statement, he calls the experience “disheartening and frustrating for homeowners.”
“Many of the residents that suffered damage are retirees living on a fixed income who struggle with the costs of repairs.”
The lawsuit also aims to have a judge issue a declaratory order which will force the MNRF to address water level issues.
“Each spring the ministry is required to draw down the water level of the lakes to protect properties,” said lawyer Troy Lehman in a statement. “In 2016, the ministry failed to follow its own plan to draw down water levels during the critical late March period.”
The lawsuit also aims to have a judge issue a declaratory order which will force the MNRF to address water level issues.
“Each spring the ministry is required to draw down the water level of the lakes to protect properties,” said lawyer Troy Lehman in a statement. “In 2016, the ministry failed to follow its own plan to draw down water levels during the critical late March period.”
However in a statement from the MNFR, dams regulated by the ministry “were not designed to be flood control structures and don’t have the capacity to store or hold back flood waters.”
The statement also said the ministry provides updates to local officials about snow conditions, weather forecasts and water levels.
“Over 170 mm of precipitation fell over a very short period of time, combining with high winds and ice flows to cause severe spring flooding.”
“We are sympathetic to those who’ve had damage to their homes, boathouses and property as a result of spring flooding. However, despite our best efforts to forecast, prepare for and manage flooding, it’s important to remember these events are caused by severe weather conditions out of our control.”
Oatley Vigmond, the law firm spearheading the suit, is holding a public meeting at the Port Carling Community Centre on Sunday.
They’re urging residents who sustained property damage to attend.
None of the accusations have been proven in court.
