Muskoka residents launch $900M suit against province over flood damage

Residents, cottage and business owners on some of thebiggest lakes in Muskoka are launching a $900-million class-actionsuit against the Ontario government because of flooding caused byhigh water levels.

People living on Lakes Muskoka, Lake Joseph and Lake Rosseau saythey suffered extensive damage during this year's spring thawbecause of high water and drifting ice that wreaked havoc on docks,boat houses and their properties.

The Ministry of Natural Resources is responsible for controllingwater levels in the lakes, and the residents blame poor managementand negligence for allowing the levels to become dangerous.

The ministry issued a statement Thursday saying it was"sympathetic" to those who had property damage, but adding thatsevere weather conditions are out of its control and that the springmelt was earlier and faster than normal this year.

"Over 170 mm of precipitation fell over a very short period oftime, combining with high winds and ice flows to cause severe springflooding," it said. "We have lowered water levels in ministry damswhen appropriate. Lowering water levels may provide limited relieffrom flooding, (ministry) dams were not designed to be flood controlstructures and don't have the capacity to store or hold back floodwaters."

Lawyer Troy Lehman said the extent of the damage is "enormous"but the actual cost of repairs is still unknown, and most residentshave not been successful in making insurance claims.

"We picked that number because we don't know the actualamount," he said. "Conservative estimates would say propertydamage could be in the hundreds of millions of dollars, and that'swhy that large number was picked, but we will gather thatinformation as people come forward."

Peter Burgess, the representative plaintiff in the proposedclass-action suit, which has not been certified by the courts, saidit's frustrating to suffer widespread property damage and not beable to afford to fix it.

"It's a terrible feeling to have something crushed by theelements," he said.

The Burgess family waterfront property on Lake Rosseau wasflooded twice in the past few years, and its two-storey boathousecollapsed this spring and could cost up to $700,000 to rebuild.

Insurance companies offer'scraps'

"Insurance companies don't insure wharfs or docks due toflooding or ice damage, but they do insure due to wind damage, so Ihad to build the argument that it was due to all three elements,"said Burgess. "So I still have no money from (the insurancecompany). They're throwing some scraps on the table."

Cassandra Ford, who operates a marina and restaurant in Bala,said she is looking at up to $400,000 to rebuild a damagedboathouse.

"Nobody seems to care," she said. "They don't care."

Ford wants the ministry to explain why there was no flooding for60 years and then three major floods since 2010.

"Prior to the 2006 Muskoka Watershed Management Plan we had highwater but we didn't have constant flooding," she said.

In addition to monetary damages, the suit also aims to secure ajudge's order that would force the ministry to address the issue andmaintain safe water levels.