Bay Roberts man takes Town to court over flood damage

By Mark Squibb

A man who claims the Town of Bay Roberts is responsible for flood damage on his Water Street property has taken the town to small claims court.
Harvey Walsh is seeking just over $10,000 in damages, claiming his property at 305 Water Street has been plagued by repeated and persistent flooding.
“Despite all my best efforts, time, money, and a catalogue of correspondence with the Town seeking remedial action, the problem remains,” alleged Walsh in a Statement of Claim filed against the Town.
Speaking with The Shoreline, Walsh said that during storm surges, a culvert overflows onto his land and floods his basement.
Walsh said he first brought the matter to the Town in 2017, and has been seeking a resolution ever since. When he concluded the Town wouldn’t be addressing the matter, Walsh said he fixed the problem as best he could himself by installing a backflow preventer at a cost of about $600.
Walsh, who is representing himself in court, said he is seeking funds to compensate for flooding and also to prevent further flooding.
Acting Mayor Geoff Seymour, who has taken on the mayor’s chain of office since Walter Yetman took a leave of absence to campaign for the provincial seat of Harbour Grace – Port de Grave in an election expected sometime this year, said it would be inappropriate to comment on the matter as it is still in court.
According to court documents filed by the Town, council is denying Walsh’s allegations.
“The Defendant states that the Plaintiff’s house is constructed below grade and in a marshy area, and that any flooding he experiences is the result of his own failure to properly construct or maintain drainage and flood prevention infrastructure expected of every prudent homeowner in the same circumstance,” read the Town’s defense, prepared by law firm Stewart McKelvey. “The Town denies that it is responsible to prevent natural groundwater infiltration in the Plaintiff’s (property).”
The Town is also arguing that since Walsh has experience flooding on the property as far back as 2014 (the year he bought the property), the claim is no longer valid because the statute of limitations has passed. Furthermore, the Town holds that drainage infrastructure within town boundaries are up to snuff.
And while Walsh allows the Town has spent big bucks fighting the matter in court, Town staff say they have incurred no legal fees to date as the claims — which are still open — are being handled by the Town’s insurance provider.
Meanwhile, Walsh said the backflow preventer he installed has proved its worth so far, and that he has not suffered any flood damage since installing it.
He hopes it stays that way.
“I fully intend, expect, hope, pray, that I’ll never see another flood again, and that I’ve fixed the problem,” said Walsh. “The alternative would be to keep submitting claims against these guys.”