The Erie Shore Drive Property Owners Association have initiated legal action against the Municipality of Chatham-Kent.
The group issued a media release on Wednesday, May 19, 2021 and posted it on their website, here.
The application was brought by the Erie Shore Drive property owners under section 79 of the Drainage Act, the media release states.
More than 80 members of the association are seeking damages from the municipality for breaching their obligation under the Act, “causing the members to have to bear the costs of repairing shoreline protection for the last several decades.”
Under section 79, the members are also requesting that the shoreline protection be repaired.
“The dyke beneath Erie Shore Drive and the shoreline protection were built under the Drainage Act, placing an obligation on the municipality to maintain both,” stated Terra Cadeau, president of the Erie Shore Drive Property Owners Association, in a media release.
“Unfortunately, that maintenance has not been completed by the municipality resulting in significant risks of flooding and destruction to the properties along the shoreline.”
Cadeau added: “As a result, residents like myself have been forced to spend large sums of our own money to pay the astronomical costs of protecting the shoreline. Bringing this Application is our last option, but we have no alternative. We cannot and should not be forced to continue to pay for what Chatham-Kent and all those who benefit from the drainage works are legally required to pay for.”
The Erie Shore Drive Property Owners Association media release states the property owners along Erie Shore Drive understand and fully accept that owning waterfront property comes with a cost but this is not a typical shoreline issue.
“In 2020, my family and I were forced to leave our home because the dyke was deemed unsafe,” stated Trevor Dixon, a resident of Erie Shore Drive, in a media release.
“For years, we have endured continual flooding and have spent tens of thousands of dollars just trying to save our home.”
Cadeau added: “We have confidence in the legal process and are looking forward to finally putting this issue behind us and in a way that is transparent, fair and just. Given that our application is now before the courts, we will not be commenting further at this time.”
In a media release of their own, the Municipality of Chatham-Kent confirmed that “it has been served with a legal action by the Erie Shore Drive Property Owners Association today.
“As this is an active legal matter, the Municipality will not be providing any further comment at this time,” Municipal officials said in a news release.
