An action is pending in the Ontario court seeking damages and other relief on behalf of the following classes (“Class Members”):

Subclass I (“Residents”): All persons (including insured claims and subrogated interests and uninsured claims) who owned or occupied property on or after May 28, 2012 that was flooded as a result of the May 28, 2012 Plant failure; and

Subclass II (“FLA Claimants”): Those persons, including minors, who suffered the loss of guidance, care and companionship of any of their family members, which family members were Residents, or who incurred out of pocket expenses for the benefit of or to visit any of the said family members or who provided nursing, housekeeping or other services for any of the said family members as a result of their injuries arising out of the May 28, 2012 flooding.

The class action seeks damages and other relief for the class as a result of alleged negligence by the defendant, The Corporation of the City of Thunder Bay, in the repair, inspection, and maintenance of the Atlantic Avenue Water Pollution Control Plant (“Plant”), as well as the operation and supervision of the Plant during the May 28, 2012 rainfall event in Thunder Bay.

CERTIFICATION 

By order dated September 23, 2013 the Ontario Superior Court of Justice certified the action as a class action and appointed Janice Cerra, Rita Barrie, Stewart Barrie, Carol Dagenais, and Muriel Dagenais as the representative plaintiffs for the Class Members. 

The law firms of WATKINS LAW P.C. and KIM ORR BARRISTERS P.C. have been appointed as class counsel. 

If you are a Class Member, you will automatically be included in this class action and are not required to take any further steps. 

OPT OUTS

Any Class Member who DOES NOT wish to participate in the class action as certified must do so by sending a written notice on or before November 22, 2013 to:

WATKINS LAW P.C.

905 Tungsten St.

Thunder Bay, ON P7B 5Z3

indicating that he or she is opting out of the class action as certified. No person may opt out a minor or mentally incapable person without permission of the court after notice to The Children’s Lawyer and/or the Public Trustee, as appropriate.

All Class Members who do not opt out will be bound by the terms of the judgment, whether favourable or not.

FEES AND DISBURSEMENTS

Counsel have entered into an agreement with the representative plaintiffs with respect to legal fees and disbursements. This agreement provides that counsel will not receive payment for their work unless and until the class action is successful or monies are recovered from the defendant. This agreement must be approved by the court. 

ADDITIONAL INFORMATION

Any questions about the matters in this Notice should not be directed to the court, because its administrative structure is not designed to address this type of inquiry. Further information may be obtained by calling (807) 345-4455, or visiting the website at http://www.watkinslawforthepeople.com/city-of-thunder-bay-flood-class-action/

Questions for class counsel should be directed by telephone to (807) 345-4455, by e-mail to claybourne@watkinslawforthepeople.com or by mail to 905 Tungsten St., Thunder Bay, ON P7B 5Z3.