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'Leaning to proceeding': Class action lawyer visits Mud Lake flood victims

A Halifax-based litigator is in Labrador meeting with Mud Lake flooding victims and determining whether to launch a class action.

Litigator behind potential suit values it at well over $1M

Photos taken from the air show the damage from flooding in Mud Lake. (Yvonne Jones)

A Halifax-based litigator is in Labrador meeting with Mud Lake flooding victims and determining whether to launch a class action.

"Well we wouldn't be here today if we didn't think there was a causal connection," lawyer Ray Wagner said about the potential relationship between the Muskrat Falls hydroelectric project and last month's flooding.

He'll assess the viability of the case over the next 30 days but said he's "leaning to proceeding" with a suit he values at well over $1 million.

Info session

Wagner held an information session in Happy Valley–Goose Bay on Tuesday to discuss how a lawsuit would work.

Ray Wagner is considering launching a lawsuit against Nalcor for the flooding that caused the evacuation of Mud Lake and surrounding area on May 17. (Katie Breen/CBC)

The 25 people in attendance signed up. About 100 were affected by the flooding.

Roland Saunders, one of the people who put his name down, said he's after "fairness."

"I just want another home, I guess," he said.

"I had a home. The government took it — the only way to explain that — outright took it."

"Now they just kinda want to deny, deny, deny so, you know, just be fair and give back ... what I lost, a whole life basically."

At the end of this 30 days, far as I know, I may be homeless.- Roland Saunders

In addition to covering the value of damaged property and potential relocation costs, Wagner said if the suit proceeds he'll also be seeking damages for psychological and physical harm caused by the flood and subsequent evacuation.

Saunders said water rose 41 inches in his home on Mud Lake Road and the electrical needs to be replaced.

Even if it's fixed, he said he's not sure he'll ever feel safe there.

Evacuees unsure about lodging 

Saunders and the other evacuees are staying at 5 Wing Goose Bay for now.

Roland Saunders says his home on Mud Lake Road is a write off. (Katie Breen/CBC)

The base opened its barracks for 30 days.

Saunders said there's about a week left and he hasn't been told what will happen when time is up.

"At the end of this 30 days, far as I know, I may be homeless," he said.

"I don't know if they're going to give us the boot, or give us an extension on the stay, or what the case may be."

The situation is being reassessed, according to a 5 Wing spokesperson. 

"If there's still a requirement for temporary accommodation at 5 Wing, the Red Cross will communicate it to the province of N.L. and the request for additional support will then make its way to [the Department of National Defence,]" the spokesperson said in a statement to the CBC.

ABOUT THE AUTHOR

Katie Breen

Video producer

Katie Breen makes video content for CBC in St. John's. She's been working in news for 10 years. You can reach her at katie.breen@cbc.ca.