Lawyer hears from customers impacted by water problems in west Saint John
Lawyers in Saint John are trying to determine whether the city did its due diligence before turning on a water system that's caused bursting pipes and hard-water problems for west Saint John residents.
About 5,600 customers were switched over to water drawn from the South Bay wellfield in September. Many of them blame the new, harder chemicals pumping through their homes for disrupting their lives.
"If due diligence was exercised and they were aware these problems were out there … why wasn't that communicated?" said Charles Bryant, a lawyer with the Gilbert McGloan Gillis practice in Saint John, and one of the legal professionals managing the class-action lawsuit residents filed against the city.
He was speaking to about 150 people at a meeting Thursday night held by the West Side Ratepayers Association.
In February, a class-action lawsuit was filed against the City of Saint John on behalf of west side residents faced with leaking pipes and costly repairs they allege are the result of the water source being changed as part of system upgrades.
The lawsuit is seeking damages to cover existing and future costs of repairing structural damage and repairing or replacing pipes, appliances and other equipment.
The suit follows a growing number of complaints that the city's new infrastructure system has caused leaks, exploding pipes, skin rashes and spotty dishes.
City staff have disputed this argument and recently started adding orthophosphate, known to reduce pipe corrosion, to the water.
Bryant said west Saint John residents concerned about water problems should know he's there to listen to their complaints and it's important to hold the city accountable.
"There were comments, I think in this very room, that any compensation to west siders will be passed on to ratepayers," Bryant said. "I don't think that really reflects the reality of the situation."
He was referring to Mayor Don Darling's comments at an information session in early February.
"The city is us," Darling said at an earlier water meeting. "We pay the bills. And in this case, it's the ratepayers."
No one from Saint John city council attended Thursday night's meeting.
Questions from the audience ranged over a vast number of topics, but the focus of the meeting was for citizens to ask Bryant law-related questions.
The lawyer, who's also a resident of the west side, said that if people join the lawsuit now, they'll still have the option of quitting later. He said residents can also join later if they're still uncertain now.
Bryant tried to allay fears about the cost to the participants if they lose the case.
"We as lawyers are going to do everything we can to make sure we're reasonable and we don't waste any of the court's time unnecessarily, frivolously," he said.
"We will not receive compensation unless there is compensation, a settlement or award from the court."
All losses welcome
During the meeting, the Saint John lawyer said any and all losses perceived to be incurred because of the new water infrastructure should also be brought to his attention.
"Including the stress of when your pipes are going to go," he said.
After the meeting, resident Ken Allaby wouldn't comment on whether he'd join the lawsuit.
"A lot of answers were given out," he said. "[But] we still have to figure out an awful lot about what is going to take place."
"We just want to see the problem fixed."
