City ombudsman investigating handling of Black Creek flooding

Thestar.com
August 21, 2019
Megan DeLaire

The issues of floodwater and overflowing sewage in neighbourhoods along Black Creek are officially matters of the office of last resort: The city ombudsman.

Ombudsman Susan Opler’s office has confirmed it is investigating the City of Toronto’s handling of flooding in the west end neighbourhoods of Rockcliffe-Smythe and Mount Dennis, and looking into how the city handles claims by residents for flood damage compensation.

“The City of Toronto’s ombudsman is investigating concerns I have raised regarding how the city handles claims related to flooding,” said York South-Weston Councillor Frances Nunziata. “At my request, also being considered is how the issue of flooding in the Rockcliffe area has been handled overall.”

The investigation comes after city council adopted a motion put forward by Eglinton-Lawrence Councillor Mike Colle and seconded by Nunziata, requesting the deputy city manager of infrastructure re-examine remedies for flooding in the area.

Residents along Black Creek have dealt with floodwater and sewage in their streets and basements for over a decade, due to increasingly heavy rainfall and aging stormwater infrastructure along Black Creek. Flooding during an August 2005 storm was so intense it destroyed a culvert on Finch Ave.

While an environmental assessment by the Toronto and Region Conservation Authority concluded in 2014 that public floodwater infrastructure in the area is not adequate to prevent basement flooding, the city denies most claims by residents for flood damage.

Between 2014 and 2018, the city denied an average of 82.8 per cent of claims for damage due to water from the city’s sewage system. Meanwhile, Nunziata complains that floodwater remediation efforts in the area have been on hold as the city awaits the results of multiple, slow-moving environmental assessments.

“The first environmental assessment they started in 2014 and didn’t present it to their board until 2017,” Nunziata said, in an interview, of the 2014 environmental assessment that was prompted by significant flooding the year before.

“(Residents) need to be compensated because of the delays and the environmental assessment. I feel that the city has a responsibility to compensate them.”

If the ombudsman’s investigation finds fault in the way the city has responded to flooding along Black Creek, or in the way it handles flood damage claims, Nunziata hopes it might pressure the city to expedite outstanding environmental assessments there. She also hopes more residents will see their flood damage claims approved by the city as a result.

Nunziata met last week with Kate Zavitz, the lead investigator on the file, and has been urging residents to contact Zavitz with their concerns. However, some careworn residents are unconvinced repeating their concerns to another city official will lead to meaningful change.

In spite of the backwater valve Shayla Garrell installed in her Cliff St. home to prevent sewage from entering the house through the sewer line, the house floods with sewage so frequently she no longer lives there. It has sat empty for the past two years. Garrell feels strung along by the city and local politicians, and hasn’t decided whether it is worthwhile to write to the ombudsman’s office or not.

“I feel the studies are a way for the city to avoid the problems,” she said in an email. “The city isn’t going to open itself up to liabilities. And when you call 311 and the city comes and determines that sewage invaded a personal home, then that itself should open up claims.”

Deane O’Leary, co-founder the Black Creek Alliance, shares Garrell’s view of the current investigation.

“I think an investigation into it is long overdue, but it’s not actionable. They’re not giving us something actionable that’s going to help with the flooding,” she said. “Although it could be a step in the right direction, to me it seems just like more bureaucracy.”