It’s been over six weeks and the city has not only failed to repair the feeder main to 100% operations, or establish a timeline for returning to normal, but they’ve also implemented mandatory water restrictions on residents and businesses to this day, which have no end in sight.

Businesses who have and continue to suffer the costs of repairs and seemingly permanent water use restrictions, continue to demand accountability from Mayor Gondek. In the case of Angel’s Cafe, they have now started a lawsuit against the city for their negligence in handling the situation.

In a statement of claim posted online by the law firm Napoli Shkolnik Canada, which you can read in full here, Enmax and the City of Calgary are listed as defendants. In today’s report we speak to The owner of Angel’s Cafe, Cathy Jacobs, to hear her side of the story that Mayor Gondek and the city of Calgary have ignored.

It suggests “lower-grade materials” and prestressing wires with “defect” were used in the original installation, resulting in “insufficient corrosion protection”. They say at least “600 catastrophic premature failures” in this kind of pipe have been well documented since the 70’s, around the time this feeder main was installed.

They highlight that “unclear and contradictory” messaging by the city following the feeder main break was also a factor in lost business atop the feeder main rupture and repair needs. Consequently, they say Angel’s Cafe had their water shut off multiple times, had access to their business cut off from patrons, and endured physical damage caused by a water rupture while the feeder main was being put back in service.

This lawsuit states the city is responsible for installation, maintenance, and repair of this public municipal utility. They say the city “breached its duty to keep the Bearspaw water main in a reasonable state of repair by allowing Bearspaw Water Main to fall into a state of disrepair prior to the rupture” and that “The city is liable for any damage caused by the city’s failure to keep the Bearspaw Water Main in a reasonable state of repair”.

They go on to say “As a result of the City’s breaches, and subsequent water restrictions, all residents of Calgary suffered damage in some form. Businesses in Calgary suffered additional damage associated with direct economic loss”

The plaintiff, Angel’s Cafe, “suffered damage beyond damage suffered in common with all other persons affected by the state of disrepair and resulting Rupture, including:

a. physical damage to property;

b. complete shut down of business;

c. complete shut off of all water supply;

d. physical barriers blocking access to business; and

e. direct economic loss.”

They even say, “the city had knowledge that the Bearspaw Water Main contained the Defects and was prone to catastrophic premature failure” and that “the city knew or ought to have known about the Bearspaw Water Main’s state of disrepair before the Rupture and was required to take reasonable steps to prevent a catastrophic premature failure from arising”

They state this is not only city negligence, but also a breach of contractual obligations by the city and it’s Enmax provider, for multiple reasons.

Finally when it comes to damages, they seek general damages in the amount of $10,000,000 dollars amongst other things listed as a remedial solution.

If you agree that this is abhorrent city negligence, sign the petition calling for Mayor Gondek’s resignation, so Calgary can find a mayor capable of managing a city instead of turning it into a 3rd world disaster, at FireGondek.com

I reached out to the lawyers involved, and Enmax which is contracted by the city to provide billing and customer care for municipal services such as water services but have yet to hear a response.

We also reached out to the city of Calgary, and received the following response:

“While The City is aware of this lawsuit, we have not been served with a Statement of Claim in relation to this matter yet and we are therefore not in a position to provide comment.”

However I would take this with a grain of salt, considering previously when I followed up with the city’s communications team, they provided me with misleading information.

While the city’s water supply was being exclusively provided by the Glenore water treatment plant, I inquired into any changes that were made to the remaining tap water supply and treatment processes.

They responded informing me nothing had changed. Only after I got a 311 agent to admit that they were dumping chlorine into the remaining treated water supply did the city backtrack and admit to this themselves.