A local lawyer is filing a class action lawsuit against the Ministry of Natural Resources (MNR) over damage incurred during the recent flooding.
Michael Ann MacDonald says she’s commencing the action on behalf of a number of property owners on Lake Muskoka, the Indian River below the dam in Port Carling and on the north and south branch of the Muskoka River.
She’ll be applying to the court to have it certified as a class action on behalf of all property owners affected by flooding.
MacDonald says the MNR, having taken control of the watershed and regulating it by dams, has the obligation of regulating it properly not negligibly. She says the dam system was not properly operated to allow for sufficient drawdown.
MacDonald anticipates others will join the action. The government needs 60 days notice before you can file a claim, then you have to publish it and your application to the court to be certified as a class action. MacDonald says she has expert evidence that tells her that the whole story has not been told. We have contacted the MNR about the accusations, but they have not yet been able to respond.