The plaintiff has begun a class action proceeding against her local municipality (Fort Erie), which operates a municipal water system, and her regional municipality (Niagara), which owns and operates the water treatment plant that supplies Fort Erie's water system .
The plaintiff alleges that the water supplied to residents is frequently contaminated by iron rust and is also contaminated by microorganisms present at levels that exceed the Ontario Drinking Water Objectives and the Guidelines for Canadian Drinking Water Quality. The plaintiff claims that the contaminated water is a nuisance and relies on s. 103 of the Environmental Bill of Rights on that ground. The plaintiff also claims that the defendants are liable for trespass, breach of contract, negligence, negligent misrepresentation and for loss or damage under s. 99 of the Environmental Protection Act. The plaintiff claims $30 million in damages and an injunction preventing the defendants from adding corrosion inhibitors to the water they supply