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THUNDER BAY — A $350-million class action lawsuit against the city involving pinhole leaks in copper water pipes will be moving forward, but the scope of the action is yet to be determined.
“At the moment, it strikes me that the city’s argument is the better argument against certification,” he said. “The reason is, if the immunity provision of the Municipal Act applies, I think the plaintiff has the more difficult side of the case to get outside of the immunity provision. It does seem to apply in the immediate case.”
“If you look at the behaviour in this case, it isn’t the water escaping, and escape is the main word, from the city’s facility, they put something in the pipes that ate them from the inside out,” he said. “The city didn’t release the water that leaked. It cranked up the pH 10 times the level we know eats the pipes.”
Perell asked if it would make more sense for impacted residents to pursue individual actions, as opposed to waiting for the class action to move forward.
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