Two residents of the Sumas Prairie in B.C.’s Fraser Valley have proposed a class action lawsuit seeking damages for personal loss and destruction caused by November’s catastrophic flooding.
Representative plaintiffs and business owners Caroline Mostertman and Ted Dykman allege local authorities and the province failed to adequately warn residents of the impending disaster, limiting their ability to save their belongings.
“The defendants also failed to implement emergency measures and warnings when they knew or ought to have known that a flood impacting the Sumas Prairie was the foreseeable consequence of the weather preceding the Sumas Flood,” reads the lawsuit.
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The claim was filed in B.C. Supreme Court last week by lawyer Anthony Vecchio of Slater Vecchio LLP, a Vancouver-based firm that specializes in class action and personal injury litigation. It has not yet been certified by a judge.
The defendants — the City of Abbotsford, Fraser Valley Regional District and Province of British Columbia — all declined comment, saying the matter is before the courts. Emergency Management BC, however, said it takes the “health and safety of British Columbians seriously in emergency situations.”
The lawsuit also lists three unnamed companies as defendants, all of which are in charge of monitoring for floods or initiating emergency responses.
On Nov. 14, southern B.C. was hit by record-breaking rainfall that contributed two days later to the breach of the Sumas Dike in two places.
The ensuing floods swallowed homes and vehicles in Sumas Prairie, drowned countless acres of farmland, destroyed crops, killed livestock, and displaced thousands of people.
Elsewhere in the province, five people were killed in rain-related mudslides, critical infrastructure was destroyed, and entire communities were evacuated.
While a complete estimate of damage has not yet been calculated, the Insurance Bureau of Canada pegged the estimated insured damage at at least $450 million.
Abbotsford Mayor Henry Braun has estimated the damage to his city — which includes Sumas Prairie — to be well over $1 billion.
The lawsuit claims that Mostertman, who co-owners a farm, winery, distillery company, and plant and fish nursery, suffered extensive personal property damage that could have been mitigated, at least in part, with sufficient warning.
Dykman, a dairy farmer, lists his alleged damage as including, but not limited to, five vehicles, several electric pumps, motors, hay and grain.
Neither the plaintiffs nor their lawyer could be reached for comment. The proposed class action is meant to represent all people who owned or had an interest in property in the Abbotsford area impacted by the flood.
For it to be successful, the plaintiffs must prove “grossly negligent failure” on the part of the governments and companies listed. Unless gross negligence exists, the province’s Emergency Program Act protects governments from civil liability related to measures taken, or not taken, in an emergency or disaster.
“I think what is clear from the suit is there are a number of serious questions that need to be answered,” said lawyer Kevin McLaren of Hammerco LLP in Vancouver. McLaren is not involved in the case, but specializes in class action lawsuits.
“I think that’s the most important part of any process that comes out of this, is understanding what happened and making sure that it doesn’t happen again.”
The plaintiffs are seeking general, special and punitive damages, in addition to relief for the legal costs of the class action itself. The defendants must respond to the claim within 21 days of its filing.
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