class action

Class action against MTQ in Sunny Bank: Negotiations are progressing with MTQ

Local Journalism Initiative / / / , ,

Nelson Sergerie, LJI Journalist

GASPÉ – Negotiations are continuing between lawyers for the two parties involved in a class action lawsuit related to the 2010 flooding in the Sunny Bank neighbourhood of Gaspé. 

The law firm Sylvestre Painchaud, which represents the members of the class action lawsuit, states that although the case has moved slowly in recent months, it is progressing. 

“Many subjects moved along with the lawyers from the ministry over the past few months. We are now finalizing the details of the claims process so that members of the class action can be compensated for the damages they suffered during the flood. We will get back to you soon with more info on that,” stated the firm to the class action members in a memo that was obtained by the SPEC. “In addition, a hearing was held on November 7 where the agreement between the parties about the installation of measurement stations for water levels and flow rates, fees for our experts for their work since the 2022 judgment and setting the next steps for the case, were debated, also mentions the law firm in a statement. 

In June 2022, the Sunny Bank Flood Committee won a class action against the Ministry of Transport (MTQ), and the court ordered it to carry out corrective work to maintain an adequate level of service for a flow of 600 cubic meters/second over the next six years and to build a river flow measurement station within two years. 

The ministry had already committed during the court proceedings to carry out work worth some $8 million on Road 198 to improve the situation within six years. In a project notice, the ministry is aiming, in particular, to replace the bridge with a current opening of 11 metres with a bridge with a 60-metre opening as well as the digging and widening of a secondary arm of the York River over 200 metres long and 54 metres wide upstream of the planned bridge. 

Widening of the road embankments over 300 metres in a water environment is also planned due to the raising of the road by 0.5 metres and the re-profiling of a ditch over 400 metres along the east of the intersection of rue de Sunny Bank and Road 198. 

A 70-metre long ditch and the construction of a new culvert with a six-metre opening are also in the plans in addition to the replacement of four other culverts. 

In its notice, the MTQ also proposes three other solutions as part of the impact study. The first is the complete removal of all road embankments and the relocation of the road four kilometres further upstream in a less dynamic part of the York River. 

The second is the complete removal of all road embankments and the construction of a multi-span bridge. 

It is the last scenario that could have a considerable impact: the expropriation of all citizens in a flood zone. 

In the preliminary schedule for the project, the environmental impact study, a BAPE (public hearings), and obtaining the environmental decree should be done by the fall of 2027. 

The environmental impact study is the first milestone in the process. 

Subsequently, the preliminary design study concomitant with the environmental impact study should be ready in spring 2028. 

The final preliminary design study should be delivered in spring 2029. Then the plans and specifications will follow to free up the rights-of-way between spring 2029 and spring 2032, and finally obtain the final authorizations in spring 2033. 

The tendering and contract awarding process would take place in spring 2033 for construction between summer 2033 and fall 2034. 

The ministry has indicated that the work schedule could extend into 2035. 

Background 

Between the judgment rendered in June 2022 and the final work schedule, at least 12 years will have elapsed. 

During the period from December 13 to 15, 2010, Gaspé received 246 millimetres of rain. 

The road rebuilt in 1977 that connects the Sunny Bank and Wakeham sectors slows the flow of the York River. Before, it was a road at water level and when it overflowed, the river invaded the roadway. 

Raised by 1.5 metres in 1952, it was determined that the road partially blocked the flow of the river. 

In 1977, the road was raised by an additional two metres, making water assessment even more difficult. 

The 2010 flood was the straw that broke the camel’s back. The citizens filed their appeal in 2013 and the court allowed it in 2015. 

Since its reconstruction in 1977, floods have occurred in 1977, 1980, twice in 1981, 1983, 1997, 1998, 2004, 2009, 2010, 2011 and 2017.  

Class action against MTQ in Sunny Bank: Negotiations are progressing with MTQ Read More »

Gaspé: First step in reconfiguring York Boulevard West in the Sunny Bank sector

Local Journalism Initiative / / / , , , ,

Nelson Sergerie, LJI Journalist

GASPÉ – The Quebec Ministry of Transport (MTQ) has issued a call for tenders for the redevelopment of York Boulevard West in the Sunny Bank sector of Gaspé.

The ministry wants to carry out the first step, which is the environmental impact study of the project, necessary to rebuild the road. In June 2022, the Sunny Bank Flood Committee won a class action against the Ministry of Transport (MTQ) and the court ordered it to carry out corrective work to maintain an adequate level of service for a flow of 600 cubic metres/second over the next six years and to build a river flow measuring station within two years.

The ministry had already committed during the proceedings to undertake about $8 million in roadwork to improve the situation within six years.

In a project notice filed with the Ministry of the Environment, the Fight against Climate Change, Wildlife and Parks for the “Redevelopment of York Boulevard West in the Sunny Bank sector in Gaspé” last fall, the MTQ detailed each of the upcoming steps for the construction site.

The ministry is aiming, in particular, to replace the bridge currently characterized by an opening of 11 metres by a bridge with a 60-metre opening as well as to dig and widen a secondary arm of the York River over 200 metres long and 54 metres wide upstream of the planned bridge.

In addition, the road embankments will be widened over 300 metres where there is a hydric environment due to the road being raised by 0.5 metres, and the ditch will be reprofiled over 400 metres along the eastern side of the Sunny Bank Street intersection.

A 70-metre long ditch and the construction of a new six-metre wide culvert are also in the plans, along with the replacement of four other culverts.

In its notice, the MTQ also proposes three other solutions as part of the impact study. The first option is the complete removal of all road embankments and the relocation of the road four kilometres upstream in a less dynamic part of the York River.

The second option is the complete removal of all road embankments and the construction of a multi-span bridge.

The last scenario, which could have a considerable impact, involves expropriating all residents in the flood zone.

According to the preliminary project schedule, the environmental impact study, a BAPE review, and obtaining the environmental decree should be completed by the fall of 2027.
In the preliminary project schedule, the environmental impact study, a BAPE and the environmental decree should be completed by fall 2027, with the environmental impact study being the first milestone in the process.

The pre-project study, concomitant with the environmental impact assessment, is scheduled for completion in spring 2028. The final preliminary design study is expected to be completed by spring 2029.
This will be followed by plans and specifications to vacate the rights-of-way between spring 2029 and spring 2032, with final authorizations to be obtained in spring 2033. The tendering and awarding of the contract will take place in spring 2033 for construction slated for summer 2033 and fall 2034.
The Ministry is not ruling out the possibility of completing the project by 2035.

Between the judgment rendered in June 2022 and the final work schedule, at least 12 years will elapse.
The road, rebuilt in 1977 which connects the Sunny Bank and Wakeham sectors, slows the flow of the York River.

Previously, it was a road at water level and, during floods, the river would overflow onto the roadway.
Raised by 1.5 metres in 1952, it was noted that the road partially blocked the river’s flow.

In 1977, the road was raised by two metres, making water evaluation even more difficult. The 2010 flood was the straw that broke the camel’s back. From December 13 to 15, 2010, approximately 246 millimetres of rain fell on Gaspé. Residents filed their lawsuit in 2013 and the court authorized it in 2015. Since its reconstruction in 1977, floods have occurred in 1977, 1980, twice in 1981, 1983, 1997, 1998, 2004, 2009, 2010, 2011 and 2017.

Gaspé: First step in reconfiguring York Boulevard West in the Sunny Bank sector Read More »

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