Town of Virden sues province, engineer firm over aquifer

The Town of Virden is suing the provincial government and an engineering consulting firm for recommending it switch to a new aquifer, which ran out of drinking water four years later.

In a statement of claim filed last week in Manitoba Court of King’s Bench, the town asks for unspecified general and special damages for what it alleges were “untrue, misleading and/or negligently made” representations it received from both the province, through its Manitoba Water Services Board, and W.I. Gibbons and Associates, which resulted in a new aquifer being chosen for its drinking water supply.

The town claims it was forced to switch back to its former water system — even though it has a higher than recommended level of arsenic in it — after a third-party hydrogeological engineer it hired found the new aquifer “did not have the proper water supply capacity and should not have been recommended or developed as the town’s water source.”

The lawsuit says as a result the town “has suffered and continues to suffer loss and damage.”

The new aquifer and pipes, which the town began using in 2021, cost $3 million and replaced one that was found to be above Health Canada’s drinking water safety guideline for arsenic. The advisory, which says people drinking the water are at increased risk of developing cancer, is based on lifetime exposure over 70 years.

Faced with a critically low aquifer that caused it to issue a water advisory warning in October, the town switched back to its old wells in November.

A Jan. 26 update on the town’s website said it has begun making adjustments to the water treatment system to reduce the arsenic levels.

“These gradual, incremental changes are intended to ensure that the current water quality is not adversely affected,” the statement read.

The drinking water advisory, that was issued Dec. 19, 2025, remains in effect.

The town also advises residents they may wish to use alternative water sources including “bottled water for drinking, preparing food or beverages, including ice and infant formula.”

Through the lawsuit, it seeks to not only cover the costs of hiring the third-party hydrogeological engineer, but also the costs for the sourcing and construction of a replacement water supply source, and for private wells, temporary water supply and replacement wells.

A provincial spokesman said the province wouldn’t comment because the matter is before the courts.

Steve Wiecek, of W.I. Gibbons and Associates, said he would not comment at this time.

Virden Mayor Tina Williams did not respond to an email for comment.

kevin.rollason@freepress.mb.ca