Jane DeWolfe and Kevin Partridge have lived in their wooden house along the South River bank in the Lower South River, NS, for 40 years. They swam in the river, taught their children to swim in it, fished and made boats in it. They have seen cranes raise their young on the river bank, and when turtles climb the shore to dig holes in their dirt road to lay eggs, they do not mind at all. But in October 2011, the river came too close for comfort. After a severe storm, water flooded their home and destroyed or swept away equipment and supplies for the Partridge-owned property renovation business. The river had never flooded before their property. But things were not as they used to be.
Damage to home, business
Earlier that year, the county had expropriated a small portion of its land to begin work on a temporary bridge to support the twinning of nearby Highway 104. Crews filled the swampy area opposite Partridge and DeWolfe’s home. removing the natural guard to raise the water level. During heavy rains, the water had nowhere to go but over the shore next to the couple’s house. The flood deformed the floors, destroyed the decorative concrete stamp outside, destroyed their septic system and caused mold and mildew that persists to this day. The water also affected the stability of the house, causing slight displacement of components, creating problems with the roof and windows. The machinery and logs for Partridge’s business suffered damage that was not repaired and the company was never able to recover from the loss. “They just stole my house, my business, my life job … That’s how I see it,” Partridge said. “It took us years to start a business and make that business work.… It all disappeared overnight – it disappeared.” The property was flooded several times later, but has not been flooded since the swampy area was cleared of flooding after construction was completed, the couple said. Jane DeWolfe says that living through the construction of two bridges was like “living in hell.” (Paul Poirier / CBC) DeWolfe says their lives were turned upside down not only by the floods, but also by the relentless noise of trucks, hammers and pile drivers used to build the replacement bridge as well as a brand new Highway 104 bridge. “It was like living in hell, really. It ate us up,” he said. Their house is now between the two bridges. “Our lives have been ruined, basically. I mean, I do not want to sound dramatic or anything, but the truth is very good,” DeWolfe said.
Claim for compensation
Following the flood, Partridge and DeWolfe filed for compensation in the Nova Scotia Aid and Review Board. UARB awarded them only $ 70,469, saying they had failed to prove the flood was caused by the bridge project. The couple appealed the decision to the Nova Scotia Court of Appeal, which ruled in their favor and ordered the UARB to re-evaluate the compensation. DeWolfe and Partridge are seeking $ 1.3 million in damages – including $ 402,000 for future business loss, $ 35,000 for equipment, $ 406,000 for property loss and $ 518,000 in interest. Throughout, the county disputed that the flood caused some aspects of property damage and led to the collapse of the business, suggesting that the company did not have any serious customers. The couple’s lawyer, Gavin Giles of McInnes Cooper, said the county “strongly argued before the council that they were swindlers and liars; and they were deeply hurt as a result of these arguments and allegations.”
“I think it’s criminal”
Partridge said he felt mistreated by the county throughout the process and says he was called a criminal and a swindler. “They tell me everything except Christ, you know?” he said. “I’ve met some tough people in my life through construction … People like them behaved like that on the construction site or out there, people would crush them. I think it’s criminal. I think there’s crime in the way they do it.” In March, the council awarded Partridge and DeWolfe about half of what they claimed: $ 210,000 for the loss of their business, $ 154,000 for the loss of their home and interest dating back to October 2011. The total amount, about $ 595,000 was deposited in their account on June 9th. Kevin Partridge says he feels some relief after receiving the compensation, but does not see the amount as a win. (Paul Poirier / CBC) “This is a significant amount of money. Yes, it is,” DeWolfe said. “But we feel we are halfway there.” The Department of Public Works did not answer any questions about the case. A spokesman said in an email that the department accepted the compensation decision. The couple’s court fees will also be paid by the province. Lawyers have submitted a cost of about $ 1 million, but the UARB has not yet approved the bills. DeWolfe and Partridge plan to spend some of the money on much-needed home repairs. Ever since they lost their business, they have been living on old Pertridge’s pension and have not been able to afford to build the house. “I’m glad we got some money,” Pertridge said. “My greatest relief is that Jane has a few dollars in her pocket if I die tomorrow or today.… Jane made peace.… This is my victory.” Partridge said he hopes his fight for compensation will help others in the position and teach the county a lesson. “It can make it easier for someone on the road… You know, the toddler will not choose.”
