A class-action lawsuit has been initiated against the City of Calgary following a significant water main break that resulted in substantial revenue losses for businesses.
Angel’s Cafe, situated near the site of the rupture on June 5, has filed a statement of claim alleging that the city was aware of the substandard materials used in the failed pipe and should have taken preventative measures.
The lawsuit contends that the city should have taken action to prevent the catastrophic failure of the Bearspaw water main, which carries 60 percent of the city’s water supply, and caused disruptions for 1.6 million residents and neighboring communities. The incident led to flooding, a boil-water advisory, and water conservation measures.
Although the lawsuit, spearheaded by Angel’s Cafe, has yet to be certified as a class action, it highlights the alleged negligence of the city and Enmax Corp., the city-owned utility provider named as a co-defendant.
The legal document points out that the pipe, dating back to the 1970s, had known vulnerabilities due to the type of materials used in its construction, leading to previous failures and the discovery of additional weak points during repairs.
Angel’s Cafe claims to have suffered financial losses and property damage as a result of the water main break, including disrupted business operations and a lack of water supply promised by the city and Enmax Corp.
Clint Docken, the cafe’s lawyer, emphasized that there is evidence to support the claim that the pipe was at risk of failure, citing a history of similar incidents and documented weaknesses in the pipe’s design.
While the replaced pipe is now operational at reduced capacity, the legal action seeks compensation for the losses incurred by Angel’s Cafe and potentially other affected businesses in the area.