Merritt residents launch proposed class action against city over 2021 flood, citing dike failures

Two residents of Merritt, B.C., have filed a proposed class-action lawsuit against the city, alleging negligence over dike maintenance that contributed to the catastrophic 2021 flood.

The flood, triggered by an atmospheric river in November 2021, forced the evacuation of all 7,000 residents, destroyed infrastructure such as the Voght Street Bridge, and damaged more than 600 homes. The local wastewater treatment plant was also inundated, leaving the city without essential services.

Plaintiffs Michelle Hintz and Jennifer Biddlecome are representing residents affected by the flood. Biddlecome’s home suffered severe property damage, while Hintz, a renter, was unable to return to her residence. Their lawyer, Luke Zacharias, said the disaster “was utterly devastating for people who lost everything and had to start over.”

Dike concerns raised for years

The lawsuit claims Merritt failed to act on consultant reports between 2018 and 2021 that flagged erosion and unchecked vegetation weakening the city’s dikes. Despite repeated high- and medium-priority maintenance recommendations, the dikes were not adequately repaired. According to the suit, they failed in multiple locations during the flood, worsening the damage.

Warning system failures

The suit also argues that Merritt did not give residents adequate warning. While the city had recently adopted the Voyent Alert! notification system, officials allegedly relied primarily on Facebook updates. Plaintiffs say a more effective warning system could have significantly reduced the impact on residents’ lives and livelihoods.

Broader flood history

The filing highlights Merritt’s history of flooding, citing nine previous events between 1894 and 2018, and notes that the city sits on a floodplain. The plaintiffs allege the city’s inaction ignored foreseeable risks.

The City of Merritt has declined to comment while the matter is before the courts. The allegations have not been tested in court, and the proposed class action must still be certified by a judge.