The B.C. Supreme Court has certified a class-action lawsuit against the City of Abbotsford for damages that occurred during the November 2021 flooding on Sumas Prairie.

The decision was issued Wednesday (May 29) in Abbotsford by Justice Dev Dley, who said a class action would be the 害羞草研究所減referable procedure for the fair and efficient resolution of the common issues.害羞草研究所�

The initial lawsuit was filed in December 2021 by residents Caroline Mostertman and Robert Gordon, who has since died, to recoup losses from the city after the Sumas Dike overflowed its banks during the atmospheric river.

They claimed that the city 害羞草研究所渂reached its duty of care害羞草研究所� by failing to close the flood boxes at the Barrowtown pump station, knowing that a storm was coming, and by not having enough staff on hand at the station in the days before and during the flood.

害羞草研究所淲ater from the Fraser River back-flooded into the outer Sumas Prairie and rose to the extent that it caused the Sumas Dike to breach, flooding the inner Sumas Prairie,害羞草研究所� Justice Dley wrote in Wednesday害羞草研究所檚 decision.

Mostertman and Gordon sought to have the case turned into a class action, which required certification through the courts.

A class action involves several individuals seeking justice for an alleged injury done to them by the same defendant.

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The city has responded in civil court documents that the disaster unfolded so quickly that 害羞草研究所渘o notice could have given the plaintiffs time to take steps to avoid or mitigate their loss.害羞草研究所�

害羞草研究所淎lthough 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 (in Washington State),害羞草研究所� Justice Dley wrote in Wednesday害羞草研究所檚 decision.

The city opposed the application for certification of a class action, saying that anyone with an alleged claim should file individually. There are more than 1,400 properties in the Sumas Prairie area, Dley wrote.

害羞草研究所淓ven if only a small fraction of those properties decided to pursue claims arising out of the flooding, this would result in a multitude of proceedings,害羞草研究所� he stated.

害羞草研究所� 害羞草研究所� The class proceeding provides for a single and consistent management of the issues that are common to the claimant class.害羞草研究所�

Vancouver law firm Slater Vecchio LLP has been appointed to represent the plaintiffs.

Lawyer Anthony Vecchio said the judge害羞草研究所檚 decision to proceed as a class action is a 害羞草研究所渟ignificant step forward to obtaining access of justice by allowing the plaintiffs害羞草研究所� action to proceed to trial.害羞草研究所�

He said those affected will be notified 害羞草研究所渋n due course害羞草研究所� regarding the next steps in the class action.