City sued by insurance firm over oozing cement

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This article was published 16/05/2023 (877 days ago), so information in it may no longer be current.

An insurance firm is suing the City of Winnipeg on behalf of Semple Avenue homeowners whose pipes were destroyed by a murky mixture of cement after a city contractor made a mistake nearly two years ago.

The two lawsuits, filed in Manitoba’s Court of King’s Bench on May 10, seek damages related to the 2021 incident that stemmed from work on the sewage system near the affected homes.

The lawsuits, filed by Wawanesa Insurance, allege the city was negligent in its approach to the sewer work on Semple Avenue between Scotia and McKenzie streets.

At least 12 homes were affected, though some had disruptions to the sewage system, while others had the cement mixture backup through drains, toilets and bathtubs.

The mixture hardened in some of the homes and caused extensive damage as it turned to concrete.

A city spokesman said at the time the unusual backup occurred as a city-hired contractor worked on a new sewer trunk shaft. Grout breached the combined sewer and entered some houses, the spokesman said.

The lawsuits say the breach occurred on May 29, 2021.

A home owned by Kaitlin Bialek and her husband was among those damaged.

The couple are named as plaintiffs in one of the lawsuits; they were frustrated with the city’s response.

Bialek said the work to fix their home wasn’t completed until December 2022, when they paid Wawanesa Insurance’s $500 deductible.

She said they haven’t been repaid their deductible, as the city has not settled with the insurance firm.

“It’s unreal that it’s taken this long, and it’s unreal that it’s taken our insurance to have to… sue the city for the city to pay up,” said Bialek.

“It’s ridiculous, it’s costing money that it shouldn’t.”

She said she thinks the city should have admitted it was at fault and paid for the repairs, rather than forcing her and other homeowners to deal with insurance companies.

“They’ve fought us every step on it, all of it,” said Bialek.

“When something the city does causes damage to someone’s home, the onus shouldn’t be on the homeowner to deal with it.”

The suit filed on the behalf of the Bialeks seeks $111,104.81 in special damages and other damages to be proven, along with costs and interest.

Bialek said nearly every home on their block was affected.

“(The city) came around and started digging up boulevards, digging up the road, there was construction chaos everywhere,” Bialek said about the incident and its aftermath in the summer of 2021.

“We had to call and complain to the city so many times because they’d come and dig a boulevard up, or dig the road up, and just leave it open. Our kids could’ve fallen in a 10-foot hole. They didn’t care.”

The insurance firm has also filed suit on behalf of Steven Chambers and Hannah Los, whose Semple Avenue home was also damaged.

That suit seeks unspecified damages, repair and other costs.

The city, which has not filed a statement of defence in either suit, didn’t respond to a request for comment by end of day Monday.

erik.pindera@winnipegfreepress.com

Twitter: @erik_pindera