Sueing a municipalty....

[dfarr67]

Here's the situation- due to incompetence, inaction or....a certain towns combined storm/sanitary sewer (and other) infrastructure has been a mess for years resulting in at least one sewer backup on an annual basis- thousands of $ damage for some. People are losing house insurance coverage over the deal. We do have a list of about twenty residence's that are looking to take action against the town for it's neglect. The taxes have been going up substantially the last few years- so I don't know where the money goes. Any stories out there and any lawyers to be recommended in the Edmonton/west area?

[trailraat]

It would be a tough road to hoe. Have you read the municipality's drainage bylaw? They sometimes basically state that the property owner takes the risk of connecting to the system and that the municipality is not responsible for damages resulting from connection to the system.

[jstubbs]

Before spending lots on a lawyer, contact both your local MLA and Ric McIver. They will refer you to Alberta Municipal Affairs, who may just give you boilerplate, but sometimes will try to work with you and the municipality to resolve a situation like this, or will at least whip the municipality into shape. If nothing else, it’s more documentation for your future lawyer to prove how you have exhausted all reasonable options of resolution.

[dodgeboy1979]

My insurance company sued the city of Lloydminster for damages due to backup in my house and won. The insurance company actually sent me back my deductable for my claim.

[jstubbs]

And remember, depending on the size of the municipality, they probably have a lot more money than you do to spend on legal defence.

[Dean2]

Originally Posted by trailraat

It would be a tough road to hoe. Have you read the municipality's drainage bylaw? They sometimes basically state that the property owner takes the risk of connecting to the system and that the municipality is not responsible for damages resulting from connection to the system.

Their Bylaw can say whatever it wants to, does not mean it stands up in court, especially against a pattern of incompetence. Kind of like the sign at thehjotel saying not responsible for theft. Doesn't hold water.

jstubbs offers solid advice, do that first.

If that doesn't work, I would get all the parties together at a meeting, see how many different insurance companies there are. If you can convince some or all of them, getting the insurance companies to jointly go after the town will put a bigger scare into the town than a suit by taxpayers.

Final point, if the insurance companies aren't willing to play ball, finding a lawyer to do this on a contingency basis will be pretty tough. Make sure the people filing put enough money in up front to go the distance.

Other option is to all take them to small claims individually. Limit is $50,000, you don't need a lawyer, they will. Their legal costs would likely exceed the cost to settle. All you get is actual loss, no penalty awards, but far cheaper to pursue. In the unlikely event it actually goes to trial, you can learn from the first filing, use that to improve the next filings if you don't win.

[Drewski Canuck]

Dean, Court of Justice Civil Limit is $100,000.

What you want to do is start a "Class Action". Contact all the home owners and ask who their Insurers are. Then ask the Insurers if they want to participate.

The Insurer have Counsel on Retainer who will be able to give an opinion on the prospects.

Bigger issue is Limitation Periods. Just saying.

Lago Lindo in North Edmonton was continually flooding because Edmonton connected 2 other subdivisions up line which inevitably flooded the Lago Lindo Subdivision. The Insurance Companies threatened to drop backup coverage and the City finally took steps to remedy the problem.

Not the first Rodeo of this kind.

Drewski

[DirtShooter]

I think you need an armored dozer... a dude in the states named Marv had some experience with it.

[Dean2]

Originally Posted by Drewski Canuck

Dean, Court of Justice Civil Limit is $100,000.

What you want to do is start a "Class Action". Contact all the home owners and ask who their Insurers are. Then ask the Insurers if they want to participate.

The Insurer have Counsel on Retainer who will be able to give an opinion on the prospects.

Bigger issue is Limitation Periods. Just saying.

Lago Lindo in North Edmonton was continually flooding because Edmonton connected 2 other subdivisions up line which inevitably flooded the Lago Lindo Subdivision. The Insurance Companies threatened to drop backup coverage and the City finally took steps to remedy the problem.

Not the first Rodeo of this kind.

Drewski

Cool, did not know Small Claims limit got bumped to $100,000. Been a long time since I had to use that avenue.

[Cement Bench]

small claims? as it was called just went up august 2023 I think
close to my birthday that is how I know

[Strait Shooter]

Chances are slim of getting compensation through litigation, consider solving the problems yourself by installing a backwater flow preventer valve between your house and the municipal septic system. It only allows **** to flow in one direction, out.

[-JR-]

Co-worker of mine was telling me a story where a young girl he went to school was driving her car down a country road east of Edmonton and hit some washboards and then rolled the car and can never walk again . They got a lawyer to ask the county why the roads were not kept up after they payed taxes for road maintenance near their place . It was settled out of court and she got a lump some of money .

[Big Grey Wolf]

I agree with Strait shooter. Flow back up valve is cheapest solution and far less aggrivation.

[sakogreywolf]

Originally Posted by Big Grey Wolf

I agree with Strait shooter. Flow back up valve is cheapest solution and far less aggrivation.

In my experience and understanding, is that they are anything but reliable.

[dfarr67]

Originally Posted by sakogreywolf

In my experience and understanding, is that they are anything but reliable.

Yes they require far more maintenance than you thing, I changed types and also installed a manual gate valve.

[dfarr67]

Originally Posted by trailraat

It would be a tough road to hoe. Have you read the municipality's drainage bylaw? They sometimes basically state that the property owner takes the risk of connecting to the system and that the municipality is not responsible for damages resulting from connection to the system.

I got a copy of their latest engineering sanitary study- I have a civil engineering background so I read and understood.....what a fu**ing mess.

[Cement Bench]

is it Edson or Hinton?

organize a town hall meeting and get folks to sign on

call some larger firms that do class actions

send a couple letters to the town council and get on the agenda

demand answers and give them verbal notice of insurance companies abandoning homeowners and demanding the town self insure the homes

gross negligence at its finest

You can succeed but it is a long road at times

And send a registered letter to the govt of alberta as they regulate towns and the municipal govt act may still be the legislation and the province administers that act and is ultimately responsible to the ratepayers for the oversight which seems to have not occurred

have fun but DOCUMENTATION IS THE KEY TO WINNING

[dfarr67]

Originally Posted by jstubbs

Before spending lots on a lawyer, contact both your local MLA and Ric McIver. They will refer you to Alberta Municipal Affairs, who may just give you boilerplate, but sometimes will try to work with you and the municipality to resolve a situation like this, or will at least whip the municipality into shape. If nothing else, it’s more documentation for your future lawyer to prove how you have exhausted all reasonable options of resolution.

My first stop was the Provincial Ombudsman- they are not interested. Looks like the the town engineer I was dealing with has been fired.

[dfarr67]

Originally Posted by jstubbs

And remember, depending on the size of the municipality, they probably have a lot more money than you do to spend on legal defence.

Yes and my tax dollars hard at work.

[dfarr67]

Originally Posted by Cement Bench

is it Edson or Hinton?

organize a town hall meeting and get folks to sign on

call some larger firms that do class actions

send a couple letters to the town council and get on the agenda

demand answers and give them verbal notice of insurance companies abandoning homeowners and demanding the town self insure the homes

gross negligence at its finest

You can succeed but it is a long road at times

And send a registered letter to the govt of alberta as they regulate towns and the municipal govt act may still be the legislation and the province administers that act and is ultimately responsible to the ratepayers for the oversight which seems to have not occurred

have fun but DOCUMENTATION IS THE KEY TO WINNING

This is Edson- town is falling apart yet they HAVE TO HAVE a new rec center at a cost of millions.

[Cement Bench]

Originally Posted by dfarr67

This is Edson- town is falling apart yet they HAVE TO HAVE a new rec center at a cost of millions.

the provincial govt has the authority to stop all projects and prioritize others

get an interview with the town manager and mayor and some councillors and tape the answers to your questions
if they refuse to answer that is even better

with a petition they can get a agency to investigate and wash over the problem

U need answers and I am sure lots of people will support the efforts

the lawsuit is a last resort

get on the local radio and ask questions

who is the minister of municipal affairs for the gov of Alberta?

get an appointment with your mla and the minister to discuss

actions will get things done, just complaining does little
and I am not saying you are just complaining

just follow through to the next step

[dfarr67]

Interesting tidbit of info today- I would say the town got wind of some disgruntled residents and had an employee sit down with the yellow pages and contacted every local and not so local lawyer around.

[Dean2]

Common tactic. It is an attempt to limit the choice through a creation of a conflict of interest. It is however not that easy to complete, and execute. Also, no way of covering anywhere near enough options. Even more reason to get in front of Council, tells you the administration and in-house legal is really worried about losing a big payout case.

[densa44]

This is some of the best advice that I have seen for a problem. If you are young enough and rich enough you can sue, but going the political route will be much faster and cheaper!

You may have to run for office, why not this is how the system works. Maybe you can recruit others to run too, this has a good chance.

Please don't drop this thread, I'd like to see how this turns out. Good luck!

[dfarr67]

Apparatley MLA Martin Long has no interest in helping out his constituents.

My interest here is to be made whole but more than that to force the town fix the mess they have been kicking down the road.

[rottie]

Originally Posted by dfarr67

Apparatley MLA Martin Long has no interest in helping out his constituents.

My interest here is to be made whole but more than that to force the town fix the mess they have been kicking down the road.

If your MLA wont do anything would contacting the NDP shadow Minister for Municipal Affairs help ? Maybe the opposition ( NDP ) getting involved may embarase em enough to open up talks

[densa44]

If you don't like what the government is doing you need to vote for someone else. Or as my father put it; "if you don't like the music talk to the organ grinder not the monkey"

Don't quit, keep amping up the complaint!

[Sooner]

Originally Posted by sakogreywolf

In my experience and understanding, is that they are anything but reliable.

In my hood, right after I bought the house, we had a 100 yr flood. A lot of back water from the sewer pipes. I was lucky as the eves went into the house, rain filled the sewer pipe that went to the street so I only got nice clean hail stone water in the basement, not yucky sewer water.

Took the Ins check and we built out the basement, added a bathroom and installed a basic back water valve. That's over 25 yrs ago and it still does the job. Just have to open the hatch and clean the flapper every other year. We have had some big rains since, nothing up the drains so the flapper is doing its job. Eves were torn off the house that day way back when and dump away from the house ever since.

[Cement Bench]

the ched morning talk show, pm me and we can discuss how to proceed

[dfarr67]

One home owner went door to door and signed up other owners that had this flooding issue- probably not near all of them, some were hurt more than others. I collected some reports for the folks but am not the lead. It's just amazing that I haven't heard of the town offering to sit and talk- seems we're the opposition to be defeated.....During one of the worst rain events I was told that one of the town counselers pulled a town crew off town work to go and pump out one of the counselers rental unit basements out with town gear......how corrupt is that.

I will keep this updated but it may be slow.