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Statement Regarding Conviction of the Town of Atikokan

Writer's picture: Judson Howie LLPJudson Howie LLP

Statement on Behalf of a Client

For immediate release: January 13, 2025


The following statement was made today on behalf of our client, Melissa Bates, a resident of Atikokan, Ontario:

 

“On Friday, January 10, the Ministry of Environment, Conservation and Parks issued a news release confirming convictions against the Corporation of the Town of Atikokan related to its failures to make necessary upgrades to water and sewer systems. The convictions are specifically for failing to comply with a Director’s Order to upgrade sewage pumping stations and to install sewage backflow preventers.

 

“The information contained in this release was not news to our client, Melissa Bates.

 

“In April and July 2022, the Town of Atikokan’s negligent operation of its pumping stations resulted in two consecutive sewer backups into Ms. Bates’ home. At the time of the second flood event, Ms. Bates had already incurred significant costs making repairs after the first flood.

 

“For the two years which followed, the Town of Atikokan refused to take responsibility for the damage caused to Ms. Bates’ home. As a result, our firm brought a civil action against the municipality in April 2024. Ms. Bates’ out-of-pocket damages and losses for the destroyed property and repairs to her home are substantial.

 

“The Town of Atikokan has continued to deny liability to Ms. Bates, despite municipal records confirming that it failed to comply with its own operating procedures and that automated responses at its pumping stations were not properly programmed to respond to high water levels in April 2022. It subsequently failed to make any adjustments to its operations by July 2022, despite recommendations from its technical advisors to do so.

 

“Ms. Bates is a foster mom of modest means. Her ability to offer a safe and healthy home to the children in her care is integral to her livelihood. Yet the Town has repeatedly refused to offer Ms. Bates the exact type of backflow prevention valve described in the Ministry’s release. Ms. Bates lives right next door to a deficient pumping station that has been allowed to destroy her basement twice.”

 

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Contact:

Douglas W. Judson

Phone: 807-797-2023

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