A class action lawsuit has been filed against the City of Calgary, alleging that businesses unnecessarily lost significant revenue due to a burst water main.
In a lawsuit filed Wednesday, Angel’s Café, located near the site of the June 5 water main break, claims the city knew the broken line was made of inferior material and should have moved to prevent the break.
“The City knew or should have known about the poor condition of the Bearspaw water main prior to the rupture and had an obligation to take reasonable steps to prevent a catastrophic premature failure,” the document states.
The rupture in the water main that carries 60 percent of the city’s water caused significant disruption for the city’s 1.6 million residents and surrounding communities. A quarter was flooded and a boil water advisory was issued in that part of the city.
All residents were asked to reduce their water consumption by 25 percent. They were told to flush toilets less often and take shorter showers. Watering lawns and gardens was banned for weeks unless it was done from rain barrels.
In order for the lawsuit to be certified as a class action, it must be certified by the courts. Angel’s Cafe is currently the only plaintiff named in the lawsuit.
The allegations could not be proven in court.
A spokeswoman for the City of Calgary said officials were aware of the lawsuit but had not received the complaint and could not comment.
A spokeswoman for the city’s power company Enmax Corp., which is also named as a defendant, said the company had received the complaint and would review it.
The cafe’s lawyer, Clint Docken, said there was sufficient evidence that the pipe was at risk of breaking.
The lawsuit alleges that there have been at least 600 previous catastrophic failures of pipes of the same type.
“These failures were well documented and widely publicized,” the lawsuit states.
The document states that the line, which dates back to the 1970s, is made of reinforcing wires that are not adequately protected against corrosion. The document also points out that the line’s concrete is porous and susceptible to erosion.
The lawsuit states that eight additional weak points in the line were discovered during the repairs.
“All of these vulnerabilities existed before the breach and were identified by the city,” the document states.
In the lawsuit, Angel’s Café states that it had to remain closed on its busiest weekends, such as Father’s Day and Canada Day.
“The losses were quite significant,” cafe owner Cathy Jacobs said in an interview. “We estimate it to be about $60,000.”
She said the hiatus also forced her to cancel events such as concerts and open-mike nights.
The lawsuit says the cafe also suffered damage from the breach, including a broken water heater and a broken toilet. It also alleges that the city failed to provide water to the cafe despite promises to do so.
The lawsuit alleges that Enmax failed to provide an alternative water supply to the cafe despite having a contract to provide water services.
Docken said he had heard of other companies in the area suffering similar losses.
“There will be dozens of businesses in the immediate area,” he said.
The pipe has since been replaced and is now operating at 70 percent capacity. Indoor water use has returned to normal, although Calgary residents are restricted from watering their lawns to one hour per week.
