Property owners and residents along Erie Shore Drive have started legal action against the Municipality of Chatham-Kent, seeking reimbursement for decades of costs related to shoreline protection.
Erie Shore Drive Property Owners Association (ESDPOA) President Terra Cadeau said shoreline protection is the municipality's legal responsibility. Cadeau said more than 80 members of the association are seeking damages from the municipality for breaching its obligation under section 79 of the Drainage Act. They also want the shoreline protection repaired.
“The dike beneath Erie Shore Drive and the shoreline protection were built under the Drainage Act, placing an obligation on the municipality to maintain both. Unfortunately, that maintenance has not been completed by the municipality resulting in significant risks of flooding and destruction to the properties along the shoreline,” said Cadeau. "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.”
Cadeau said residents like her have been forced to spend large amounts of their own money to pay the "astronomical" costs of protecting the shoreline. She noted that a lawsuit is their last option and they have no alternative.
She added 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. She said that's because Erie Shore Drive is an engineered structure that was built in 1914 with the shoreline protection being constructed around 1938. Cadeau noted both the dike and the shoreline protection were built under the Drainage Act, should have been maintained, and the costs shared equitably among all of those within the drainage catchment that benefit from this drainage works, not the general taxpayer in Chatham-Kent nor the property owners along the shore only.
“In 2020, my family and I were forced to leave our home because the dike was deemed unsafe. For years, we have endured continual flooding and have spent tens of thousands of dollars just trying to save our home,” said Erie Shore Drive resident Trevor Dixon.
Cadeau said the residents have confidence in the legal process and are looking forward to finally putting this issue behind them in a way that is transparent, fair, and just.
She pointed out the group's lawsuit application is now before the courts and they won't be saying any more about it at this time.
Chatham-Kent Director of Legal Services David Taylor confirms that the municipality was served with a legal action by the Erie Shore Drive Property Owners Association on Wednesday. He said it also won't be commenting any further at this time because the issue is an active legal matter.
