Oakville Floodplain and Flood Risk Proposed Class Action
Will Davidson LLP and John McLaughlin Law have commenced a proposed class action against The Town of Oakville, Halton Region, Conservation Halton, the Province and The Town of Milton.
An Amended Statement of Claim has been issued on behalf of property owners who suffered, suffer, or are at risk of suffering, damage or loss from the effects of upstream development, including increased flood risks, diminished property values, and building restrictions that adversely impact the reasonable use and enjoyment of property.
Click here to view the Issued Fresh as Amended Statement of Claim dated May 16, 2023.
The Plaintiff intends to question the constitutional validity (or applicability) of the Constitutional Question:
Pursuant to section 109(1) of the Courts of Justice Act, this constitutes notice of a remedy being claimed under subsection 24(1) of the Charter of Rights and Freedoms (“Charter”) in relation to acts and omissions of the Government of Ontario and the named municipal defendants that contravene legal rights guaranteed under section 7 of the Charter — as set out in the proposed class action proceeding (Court File No. CV-20-00001582-00CP) filed in 2020 pursuant to the Class Proceedings Act, 1992.
Pursuant to s. 7 of the Charter, everyone has the right to life, liberty and security of the person and the right not to be deprived thereof, except in accordance with the principles of fundamental justice. The question is to be argued on Monday, June 26, 2023 at 491 Steeles Ave E, Milton, ON L9T 1Y7
Click here to view the Notice of Constitutional Question dated April 21, 2023.
If you own property – or owned property from June 23, 2018 to the present – in the area of Oakville bordered by Burloak Drive, Lake Ontario, Winston Churchill Boulevard and Dundas Street, and have suffered flooding, building restrictions due to the expanded floodplain or your insurance premiums and/or deductible has increased due to your property being in a floodplain please contact Gary Will at email@example.com (905-815-5802) or Michael Reid at firstname.lastname@example.org (905-337-9748). We will email you an intake form, which may also be found here: Floodplain and Flood Risk Class Action Intake Form
Report – The Impact of Catastrophic Flooding on Canada’s Housing Market:
The Intact Centre on Climate Adaptation publish a report on February 15, 2022, which investigates the impact of catastrophic flooding on Canada’ housing market. No shared priority will unite Canadians from coast-to-coast more than protecting their homes, owned or rented, from flooding. As this study quantified for the first time, flooding in Canadian communities compromises the residential real estate market in three material ways: (a) lower average sold price of houses, (b) increase in average number of days on market to sell a house, and (c) reduction in average number of houses listed on market.
“The findings of this report do not surprise me” said Gary Will of Will Davidson LLP. “They underscore the impact on housing prices and the need to actively reduce flood risk through updated flood plain modelling and mapping, and to re-think development, without delay, as flooding affects everyone from planners, home owners to government decision-makers.”
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