Watch above: The 11th Street slope continues to slide and the City of Saskatoon has issued evacuation notices to residents as a precaution. Wendy Winiewski gets a legal opinion on responsibility and compensation.
SASKATOON – Looking into Kent Rathwell’s backyard from the second story of his Saskatchewan Crescent home is shocking.
“It’ll soon be at the roof above the third level,” said Rathwell, referring to the massive mound of soil piling up behind his house.
“It’s really a lot of weight.”
Rathwell believes it’s only a matter of time before his home is levelled.
On Tuesday, the City of Saskatoon delivered evacuation alerts to six homes in the area. The alert warns residents about the potential for dangerous slope movement.
READ MORE: Homeowners say Saskatoon shirking responsibility for slope repair
“As the ground frost continues to thaw, it is more likely for this type of movement to occur,” according to the alert.
The alert details data from the latest geotechnical survey. The east portion of the slope has moved up to 47 millimetres between Feb. 2 and April 17. From April 17 to 28, the slope showed up to 10 mm of movement. The west slope has shifted 30 mm between Feb. 2 and April 28, according to the city’s alert.
Cherry Lane, the crumbling alley between the home on 11th Street and the homes below on Saskatchewan Crescent, belongs to the city. During a March 23 council meeting, the city voted not to contribute to remediation efforts, saying the issue is on private property.
READ MORE: Monitor slope failure: City of Saskatoon executive committee
Since then, everything has been at a standstill, with homeowners unsure of what to do.
“I guess the question would be where would you go,” Rathwell questioned.
According to Rathwell, insurance companies will not insure area residents and when it comes time to renew their mortgages, they won’t be approved since their homes are a risky investment for any bank.
Regina lawyer Tony Merchant believes the city’s inaction on Cherry Lane may give residents grounds for legal action.
“There’s an act that says they’re supposed to maintain roadways in a safe manner and that would be the key, if a bunch of homeowners got together to try to pry the city back to dealing with them in a more appropriate manner,” Merchant advises, noting successful cases in the United States and B.C.
Still, Merchant believes it’s not an easy battle.
“It’s an unusual result for the city fathers to take.”
The city’s evacuation alert reminds residents “there is a potential imminent threat to life and property and evacuation is strongly recommended.” It goes on to say “ultimately the responsibility lies with each property owner to decide whether they feel safe.”
READ MORE: No financial assistance for homeowners affected by slope failure
Although the city has not committed to any remediation efforts, it has agreed to continue monitoring slope movement and, in turn, issuing evacuation alerts and/or mandatory evacuation orders if needed.
“The city may be getting itself into more trouble than it wants by doing that,” warns Merchant, who believes this evacuation alert is the city’s attempt to escape being held liable.
“We need to see a loss of life it seems before the city will take any action at all,” said Rathwell.
The city declined questions about the situation, saying it is a private matter.
With both sides at a standstill, the only sure thing moving is the slope. Since 2012, it has shifted nearly three meters.
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