Update (March 3, 2025)

Court Confirms Town’s Authority to Install New Water Meter on Resident’s Property

Several months ago the Town issued a statement regarding a lawsuit started by a resident who refused installation of a new water meter. While we don't usually comment on active legal matters, the resident had shared her story widely on social media. The Town received questions from the community. Now that the Court has given its decision in this matter, we are providing information to clarify any misunderstandings.

The Town did not commence this legal proceeding but responded to it.

The resident asked the Court to confirm that the Town has no authority to enter upon the resident’s property to install a new water meter without her permission. She said a medical condition meant it was unsafe for her to have a new water meter installed on her property.

The judge has now concluded that:

• Provisions of the Municipal Act grant the Town the lawful authority to enter upon private property to install a water meter, even in the absence of consent. This is not an illegal trespass.
• The applicant’s medical notes did not provide a clear relationship between her medical condition and the new water meter.
• The only credible and admissible evidence on the issue of the water meters affecting health is evidence that Health Canada asserts they pose no health risk.
• The Town had offered an alternative to installation of the water meter by offering to bury it in a pit on Town property and nearby the resident’s house. This alternative would cost the resident an additional $2,500, but provides some distance between the water meter and the resident’s house.

In conclusion, the judge dismissed the resident’s claim and authorized the Town to install a new meter at the resident’s property. The judge suggested the Town move forward with the alternative installation of the water meter on the Town’s property in a buried pit. The cost of this alternative is to be paid by the resident.

The Town wishes to add that it takes the health and safety of its residents seriously. The Town would never knowingly install water meters which cause harm to human health.

The Town needs to install water meters in order to track water consumption and bill residents for usage. Every property with access to municipal water is required to have a water meter.

Question:

I would like to inform you that I am opposed to the towns lawsuit against a resident with serious health issues which the install of the new water metre will make worse and am in support of them being exempt from the new metre install.

I am also against the use of tax payer money to hire another lawyer from out of town to fight against this residents right not to have the metre installed so they can be safe and healthy in their own home. I would also like to add how disappointed I am in the towns lawyer (initially assigned to this frivolous case) and their disgraceful behaviour towards the judge.

Other municipalities have made reasonable concessions for their residents, why isn't Kingsville? I don’t know what is happening to our town and council that you believe this is in anyway ok to do to residents and I hope you stop and reconsider your decision.

Answer:

Normally, the Town does not comment on ongoing litigation matters, but since the other side has made public statements and we are being asked questions, we will attempt to provide clarification where we can.

It's important to note that the applicant already has a Radio Frequency meter at her home. The difference is simply that the new meters automate the reading system to save paying staff to physically drive around town to collect water meter data. These new meters are being installed by municipalities across North America.

Health Canada has advised that these new meters are safe.

We are sympathetic to the applicant. We offered the applicant an alternative which involves placing the meter in the road allowance away from her home, but she rejected that option.

The Town has invested in this upgrade and can only realize the benefits if all installations are complete. The manufacturer of the old water meters no longer provides support for them as these units have finished their useful life. New meters are required.

The Town did not commence this legal proceeding but is simply responding to it.

Additionally, we contacted the Court regarding the allegation that our lawyer yelled at the judge and received confirmation that this is untrue.