What is the lawsuit about?
Napoli Shkolnik Canada is representing Angel’s Café, a prominent local restaurant in Montgomery, in a class action against the City of Calgary following the catastrophic rupture of the Bearspaw water main on June 5, 2024. The rupture, caused by known defects in the water main dating back to its installation in the 1970s,resulted in significant disruptions to the city’s water supply, severely harming many local businesses.
This lawsuit is also meant to serve as a wakeup call for municipalities across Canada who fail to adequately inspect, maintain, and repair critical pieces of municipal infrastructure, highlighting the urgent need for stricter enforcement of safety regulations and investment in infrastructure resilience. It underscores the importance for proactive measures to ensure the safety and functionality of public assets that communities rely on daily.
A Known Issue
The Bearspaw water main is a prestressed concrete cylinder pipe that was manufactured and installed in the 1970s. These pipes are known to suffer from several significant defects, making them prone to corrosion and at increased risk of catastrophic premature failure. This risk materialized on June 5, prompting emergency measures including road closures, water usage restrictions, and a boil-water advisory affecting numerous Calgary residents and businesses.
Angel’s Café, situated near the rupture site, experienced multiple closures and severe economic losses during critical weekends such as Father’s Day and Canada Day Weekend, traditionally busy periods for the restaurant. It also suffered physical damage to its property caused by a water line rupture during the City’s attempts to restore the Bearspaw water main, exacerbating the financial impact.
The claim against the City of Calgary
The claim alleges that the City of Calgary failed to adequately maintain and repair the Bearspaw water main despite knowledge of its inherent defects and the potential for catastrophic premature failure. The legal action seeks compensation for physical damage and direct economic losses suffered as a result of the City’s negligence and breach of contract.
Statement of Claim
Please find the filed Statement of Claim here.
For further details and inquiries about this lawsuit, please contact us.
Media
Cafe launches lawsuit against city over water feeder main break, Calgary Herald (July 19, 2024)
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