New Westminster residents considering lawsuit after water main break

Residents of a New Westminster tower damaged during a major water main break in February are organizing for a potential class action lawsuit.

One of the potential claimants insists he’s getting no answers from the city or Metro Vancouver as he tries to recover the costs of having to move out of his suite for much of the past two months.

Zoran Filipovic argues he was driven out by a loud generator outside his suite as restoration work has been ongoing at the building on Jamieson Court, something not covered by his insurance company because there was no physical damage to his unit.

“Now the building, we have to open a class action, and we have to sue Metro and the city,” said Filipovic, who says they have a lawyer and are trying to gather more building residents interested in being part of the lawsuit.

Filipovic says other residents have also been dealing with losses and costs, and many have yet to move back into the building.

“They put up a sign, and everybody in the building has to fill out a form, but I’m not sure how many people know about it yet because half of the building is still not back.”

It was Feb. 14 when a major water main broke by Jamieson Court, affecting several residential towers, flooding parking and storage, and knocking out elevator service in Filipovic’s building.

He says he has also faced constant noise from a generator outside his suite, claiming a constant 86-decibel sound has kept him from sleeping and forced him to find accommodation elsewhere, including Airbnb rentals.

That generator, Filipovic says, is finally due to be removed tomorrow.

He adds that he and others also have questions about how long repairs took for the water main break and for restoration work at their building.

In a statement to 1130 NewsRadio, Metro Vancouver suggests it is too soon to talk about liability as it investigates the break.

“At this stage the cause of the break is still unknown and we are unable to comment on liability,” said a Metro spokesperson in an email, adding they responded promptly to the water main break and repairs were complete by March 18.

“We acknowledge that residents continue to feel the impacts of this incident, and Metro Vancouver is assisting where possible. As is standard practice, insurance providers and strata corporations are responsible for leading restoration efforts — which are underway — and for compensation that may be available to insureds under the terms of their policies.”

The statement goes on to say that Metro Vancouver has worked to keep residents informed throughout the process, including hosting eight public information sessions to answer questions and hear concerns.

It also indicates the City of New Westminster led the initial response through their emergency services and engineering teams, but New Westminster’s manager of legal services says the city is not at fault.

“While the City of New Westminster has engaged in efforts to assist residents affected by the flooding, the City’s position is that the subject water main is owned by and is the responsibility of the Metro Vancouver Regional District. The City denies any wrongdoing and accepts no responsibility for the cause of the burst main water or damages caused by the subsequent flooding event,” he told 1130 NewsRadio.