Montreal and Saint-Léonard Face Class Action Lawsuit Over Flooding

The Borough of Saint-Léonard and the city of Montreal have been hit with a class action lawsuit Canada worth hundreds of thousands of dollars, over issues ranging from flooding damage to property, increasing insurance premiums and elderly rights.

If you owned or rented property in Saint-Léonard anytime between 1982 and 2017, and suffered damages as a result of ongoing flooding, you may be able to join the class action lawsuit Canada if the Superior Court authorizes the action.

Ongoing and “Unnecessary” Flooding in Saint-Léonard

Located in Montreal’s East End, Saint-Léonard has suffered decades of floods, the most recent floods dating from 1983-2019, all of which are included in the Saint-Léonard flooding class action lawsuit.

According to the Canada class action lawsuit, Saint-Léonard residents are frustrated over the borough’s alleged lack of any significant action to protect them from the increasing frequency of flood problems caused by global warming and the lack of adequate storm drainage systems. The Saint-Léonard flooding class action lawsuit also highlights that many elderly residents experience “extreme anxiety every time there is a heavy rain in fear that it will lead to a flooding event.”

The Saint-Léonard flooding class action lawsuit stresses the various injuries suffered by the neighbourhood’s elderly due to the ongoing flooding, stating that many elderly residents feel “abandoned by the city.”

Many elderly residents have reported not leaving their homes to go on vacation for decades, because they fear they may return to a flooded home. Additionally, a large number of elderly people in the area who have purchased their homes and paid off their mortgages are now unable to sell them due to the area’s notoriety for floods, and therefore lack the money they need to enjoy their retirement, according to the Saint-Léonard flooding class action lawsuit.

The repeated flooding has also resulted in mould issues in about 90% of the affected residences. The Saint-Léonard flooding class action lawsuit claims that mould is a clear and present health danger to residents of the area, many of which are affected by frequent mould issues due to the decades of flooding.

Another issue Saint-Léonard residents have encountered over the years of flooding is an increase in insurance premiums as well as difficulty obtaining insurance coverage for flooding. The borough allegedly sent a form to residents to receive compensation, yet no compensation was ever paid.

Flooding Causes “Unreasonable Neighbourhood Annoyance”

The first charge pinned on the defendants alleges that the ongoing flooding has caused “unreasonable neighbourhood annoyance,” as per article 976 of the Civil Code of Québec.

According to the Civil Code, neighbours cannot sue for “normal neighbourhood annoyances,” unless the nuisance is “beyond the limit of tolerance.” The Saint-Léonard flooding class action lawsuit claims that the ongoing flooding as well as the resulting damage is far beyond what residents in the neighbourhood are required to endure by law.

Additionally, the class action lawsuit Canada accuses the Borough of Saint-Léonard of negligence for not putting an end to the flooding, even though it allegedly had “control over flooding.”

The lead plaintiffs also accuse the defendants of “willful blindness, gross negligence, failure to protect citizens’ fundamental rights and failure to provide and maintain proper drainage system infrastructure,” among other charges.

Class Members covered by the Saint-Léonard class action lawsuit include anyone who owned or rented property in Saint-Léonard, and suffered moral, physical, and/or psychological, and/or property damages as a result of flooding in the area.

There are four sub-categories of Class Members:

• Residents who have rented property in Saint-Léonard, Quebec since Aug. 10, 2017;
• Residents who have owned property in Saint-Léonard, Quebec since Aug. 10, 2017;
• Residents who have rented property in Saint-Léonard, Quebec from 1982 to Aug. 9, 2017; or
• Residents who have owned property in Saint-Léonard, Quebec from 1982 to Aug. 9, 2017.

The Saint-Léonard class action lawsuit is seeking damages to be paid to resident owners for three instances of flooding, compensation for mould damage, $10,000 for each year of flooding as compensation for loss of enjoyment of property to tenants, $13,000 of damages to be paid to elderly and disabled residents, and $25,000 to be paid to each Class Members for moral damages, such as stress and inconvenience.

Saint-Léonard and Montreal are not the only cities in Quebec to have been hit with a flood class action lawsuit. In December 2019, the City of Laval was at the heart of a class action lawsuit over flooding damage that resulted in a property value drop. The class action lawsuit Canada is still awaiting authorization by the court, but if it receives the green light, affected homeowners will seek $350,000 each in damages.

Do you live in Saint-Léonard or Laval and suffered property damage due to flooding? What do you think the city should do about flooding issues? Share your thoughts with us in the comments below!

The lead plaintiffs are represented by Charles O’Brien of Lorax Litigation.

The Saint-Léonard Flooding Class Action Lawsuit is Pascal Monaco, et al. v. The Mayor of Saint-Leonard, Michel Bissonet, et al., Case No. 500-06-001089-206, in the Superior Court of Québec, District of Montreal, Canada.

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