A $9-million lawsuit has been dropped against the Town of Amherstburg and the Ontario Clean Water Agency.
The lawsuit was related to flooding in the town on August 9, 2011.
A report to the town council for its meeting on Monday night says the Statement of Claim named 75 plaintiffs, all represented by legal counsel for Intact Insurance. The claim was filed with the Superior Court of Justice on August 6, 2013, just three days before the expiration of the two-year limitation period.
The claim, called the Toppi Litigation alleged $5-million in general non-pecuniary and aggravated damages for negligence, breach of fiduciary duty and nuisance, $3-million in damages for diminution and loss of property, and $1-million in punitive damages.
In March, the town clerk received an email from legal counsel, Sheila Handler advising the plaintiffs wished to end the action.
The Town's insurer only covers general non-pecuniary and aggravated damages. Had the litigation been successful, the Town would have had to pay out $4-million.
Now that the litigation has been dropped, the report says it no longer poses a risk to the taxpayer and won't negatively impact the Town's insurance history.
