Sumas Prairie residents affected by the atmospheric rivers that rolled across southern BC in November 2021 will get their day in court.
On May 29, BC Supreme Court certified a class action lawsuit against the City of Abbotsford by residents who suffered damage when the floodwaters rose across the Sumas Prairie.
“We’re happy with the certification. I’m sure it will be quite a while before we see any further action,” says lead plaintiff Caroline Mostertman, owner of CPM Farms in Abbotsford.
Vancouver law firm Slater Vecchio LLP filed the original suit on behalf of Mostertman and dairy farmer Ted Dykman in December 2021. The claim was amended in May 2023, with Dykman replaced by Robert Gordon, who has since died.
The action claims negligence and nuisance as a result of actions by Abbotsford and the province.
“The plaintiffs claim that the flooding and resulting damage in the Sumas Prairie occurred due to the City of Abbotsford’s failure to close the floodboxes at the Barrowtown Pump Station,” Slater Vecchio states.
Certification allows the case to proceed to trial where a judge will decide whether or not a monetary award will be granted.
“Individuals and businesses who suffered harm due to the flooding in the Sumas Prairie in November 2021 will be notified in due course regarding next steps in the class action,” Slater Vecchio partner Anthony Vecchio says in a press release.
Abbotsford says it is unable to comment on active legal matters, but it has maintained that the flooding was caused by the Nooksack River south of the border, not the Fraser, and that the situation escalated so quickly that plaintiffs could not have acted on preventative measures.
“Although Abbotsford acknowledges that many residents of the city suffered substantial upheaval and property damage, it maintains that the flooding was caused by the Nooksack River,” the certification document says. “Abbotsford opposes the application for certification and says that anyone who has an alleged claim arising out of the flooding should make such a claim individually.”
The ruling was made in Abbotsford by Justice S. Dev Dley.
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