A half-dozen property owners and residents of Drift Drive in Copper Ridge have launched a lawsuit against the city and Commissioner of the Yukon over water over-saturating their properties last year.

The suit was filed in Yukon Supreme Court last week. It claims the spring melt from a snow dump about 300 metres away from 37, 39 and 41 Drift Dr. caused significant damage to their homes or, in the case of #37, plans to build a new home.

While the city used the property as a snow dump, it was actually on Commissioner's land, the lawsuit states.

The city and territory placed or permitted others to put large quantities of snow at the dump and knew, or at least should have known, that it would mean more water in the ground and damage to properties, the suit says.

On June 7 of last year, all but one property owner – Julie Minor at 37 Drift Dr. – discovered their property saturated with water that had leaked into their homes.

Among the damages to home owners were repairs to dwellings which included labour and materials to fix damaged drywall, insulation, vapour barriers and foundations; damage to personal property and landscaping; missed work and cancelled vacations; loss of rental income and compensation to tenants; and the costs

of removing water from the properties, which included using and installing sump pumps.

For Minor, it was last September she discovered the damage to her property where she was planning to build a new home.

That meant extensive changes to how the site would be prepped for construction, including the sub-excavation of the building site; installing geo-textile materials, a retaining wall, drains and drain racks; costs that came with raising the grade of the property; and a delay in building.

"The water-saturated seepage and resulting damage referred to (previously) were caused, or materially contributed to, by melting snow runoff at the snow dump,” court documents state.

And the city admitted as much,the documents continue. They point out out that last Sept. 25, Brian Crist, the city's director of operations, "made admissions that the snow dump was responsible for the water-saturated ground, seepage and resulting damages, and asked plaintiffs to submit receipts for reimbursements of their

damages.”

Contacted this morning, the property owners' lawyer, Kyle Carruthers, would not comment on why the suit has been launched after the city offered to reimburse the residents.

The lawsuit goes on to note the city relocated the snow dump and the property owners have had no problems with water on their land since.

"The water draining from the snow dump constituted a nuisance which had an unreasonable effect on the plaintiffs and caused damage to the plaintiffs for the plaintiffs say the defendants are liable,” court documents read.

The city and territory, the document added, have a duty of care to residents to avoid activities – such as the placement of a snow dump – at such locations that cause damage to residents and their properties.

Neither met the standard of care required, it's argued.

The property owners and residents are claiming for general and special damages, costs, pre and post-judgment interest and anything else the court sees fit to award.

While no date has been set for the case to be heard, a case management conference involving all three parties is scheduled for July 27.