Dispute over $27-K water bill drags on

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This article was published 19/09/2018 (2814 days ago), so information in it may no longer be current.

The City of Winnipeg hasn’t offered to settle a $27,000 water bill, says a homeowner who paid the bill under protest and is still fighting it in court.

The family’s representative told a Court of Queen’s Bench judge Wednesday the city hasn’t offered to settle the case. The homeowner paid the $27,246.99 bill before selling the St. Vital property last year.

Manitoba’s ombudsman has ruled the bill was unfair, considering the home had its water shut off six months before Azhar Mubeen and his family bought it. Mubeen wants the court to order the city to give him his money back.

On Wednesday, the case was adjourned until next month, when the homeowners are expected to have a case conference with city hall lawyers.

Mubeen asked for a case conference when the case appeared in court at the end of August, but city lawyer Vivian Li asked for a three-week adjournment. At the time, Li told court the city was considering hiring an outside lawyer to handle the case, which involves correspondence from the city’s legal services department. There was no mention of that Wednesday.

Mubeen wasn’t present in court to translate for his wife, Shaffaq Asif, who was the legal owner of the home. Asif appeared alongside family friend Michael Kalo. Li expressed concern about Asif’s English skills, but didn’t elaborate on the city’s legal position.

The city has refused to comment on the case because it is before the court.

Mubeen told the Free Press Wednesday he hasn’t received a settlement offer, despite previous suggestions from a city lawyer the civic administration would work toward a resolution.

“I will keep going until I will resolve this issue, until I get the whole money back,” Mubeen said, emphasizing the dispute isn’t just about his money: he wants the city to change how it collects water meter readings.

Mubeen was on the hook for the $27,000 bill after he took the home’s broken water meter in for a reading in January 2017. He bought the property at 11 Blenheim Ave. in his wife’s name in October 2016. City records show the previous owner had the water shut off in April 2016. City employees didn’t take a water meter reading when they shut off the water.

Mubeen had the house demolished and built a new home on the lot. He had to pay the exorbitant bill in order to sell the property last September, and later complained to the ombudsman.

In a report completed Aug. 7, the ombudsman decided the bill was unfair, even though it said the city was following its own policies when it charged the amount.

The ombudsman recommended city officials use their discretion to adjust the bill. The ombudsman also recommended the city establish a policy that would require water meter readings at the same time a home’s water supply is shut off. The ombudsman’s report noted the city said it would not follow the recommendations.

The ombudsman’s report still has to be presented to city council, but that’s unlikely to happen before the Oct. 24 civic election.

Earlier this month, Coun. Brian Mayes, chairman of the environment committee, called for city staff to explain why city hall would reject the ombudsman’s recommendations. He said Wednesday he’s still waiting for an explanation.

“I believe in the role of the ombudsman, so I want to get some answers,” he said.

katie.may@freepress.mb.ca

Twitter: @thatkatiemay