THUNDER BAY — On the 12th anniversary of the week that a massive rainstorm caused widespread flooding, the lawyer leading a class action lawsuit against the City of Thunder Bay says she understands why some residents may feel frustrated the case hasn't reached the trial stage.
But Megan McPhee expects that will happen next year.
Plans for a lawsuit seeking compensation for damages were announced within weeks of the May 28, 2012 incident.
The class action seeks $375 million for damages to an estimated 4,500 homes, and alleges the city was negligent in its operation of the Atlantic Avenue wastewater treatment plant, which was overwhelmed by the amount of rain that fell in a short period.
The city has denied it was responsible for the plant's inability to cope with the downpour, and for the subsequent flooding of many basements, mainly in the East End.
"The failure of the plant was in no way related to its maintenance and operation. That is why the city will continue to defend the class action," City Manager Norm Gale stated in 2022.
That same year, it was projected that the case would get a trial date in 2023, but that didn't happen.
McPhee – of Kim, Spencer, McPhee Barristers in Toronto – said in an interview Tuesday: "We are confident we should be moving to have the trial heard in 2025."
She acknowledged there's disappointment over how long the process is taking.
"Certainly we hear the frustration . . . Arising out of COVID, the courts are really backed up. There have been a lot of bookings, a lot of delays. But we have representative plaintiffs who are really committed to this case. As class counsel, we are really committed to this case."
McPhee said her law firm has put time and effort into gathering "a team of really strong experts so that we can have this ready to be heard."
She said the firm has continued to work with the city to try to speed up documentary discovery and obtain various data.
"We have been working with our experts and they are working on sewer modelling, so we are moving ahead with the preparations in the case towards trial."
According to McPhee, it's not unusual for cases such as this to take years to get to trial.
"It's the realities of litigation. We certainly see that for major cases. For litigation in general, it can take a number of years to put it together . . . Some things are beyond our control, as well. We understand, you know, what's happening in the court system right now. So it's not unusual, but we have a very committed team."
Dougall Media requested an interview or statement from the City of Thunder Bay on the current status of the case, but the city declined.
