Town of Virden sues province, consulting firm over failed water supply: lawsuit

The Town of Virden is suing the Manitoba government and a consulting firm over a decision involving the town’s water supply. Jeff Keele explains.

The Town of Virden is taking the province and a consulting firm to court, alleging it was advised to switch to a new aquifer for its water supply—only to discover the source lacked sufficient capacity.

In a statement of claim filed last week in the Court of King’s Bench of Manitoba, the southwestern Manitoba community alleges it had been grappling with water quality issues from its previous aquifer that were difficult to treat. In late 2018, the town began discussions with the Manitoba Water Services Board (MWSB) to develop a new supply source.

According to the lawsuit, the town entered into an agreement with the MWSB in February 2019 for a groundwater supply investigation. The MWSB is a provincial Crown corporation that assists rural municipalities with water infrastructure projects.

The claim alleges that Winnipeg-based W.L. Gibbons and Associates Inc. was retained to conduct the investigation and, in August 2020, issued a report recommending the town draw water from the Leask Aquifer.

The Leask water supply system became operational in July 2021 with two pumping wells, the filing states, but began showing “signs of distress under normal pumping conditions” in 2025.

A third-party hydrogeological engineer was brought in that summer to assess the system. The lawsuit claims the review determined the aquifer did not provide an adequate water supply and should not have been recommended or developed.

“In the fall of 2025, the Leask Water Supply System ultimately failed due to declining water levels in the Leask Aquifer,” reads the statement of claim.

“This failure resulted in the Town’s water supply reaching critically low levels, placing the community at imminent risk of running out of water (and) causing a municipal water emergency.”

The town alleges the MWSB and W.L. Gibbons and Associates were “negligent” and responsible for deficient engineering services, investigations, testing and recommendations.

Stephen Wiecek, identified in the filing as a senior geological engineer with W.L. Gibbons and Associates, is also named as a co-defendant. The lawsuit claims the representations made by the firm and Wiecek were “in fact untrue, misleading and/or negligently made.”

“The Town relied reasonably on the representations to its detriment and has suffered and continues to suffer loss and damage,” the 20-page claim states.

The town alleges the defendants breached agreements, representations and their duty of care. It is seeking damages, including recovery of loan payments and costs associated with a temporary water supply and replacement wells.

According to the lawsuit, the budget for the groundwater investigation was $350,000, while the transition to the Leask Aquifer was estimated at $3 million. The town financed half of the costs through loans, with the MWSB covering the remainder.

The province and a representative for W.L. Gibbons and Associates both declined to comment, citing the matter is before the courts.

Water quality advisory issued over arsenic levels

The town has since transitioned to its previous aquifer, according to a notice posted on its website. However, that source is known to contain arsenic levels more than double the federal guideline, which is based on a lifetime exposure of 70 years.

A water quality advisory was issued in October 2025 and remains in effect.

Residents have been asked to limit their water consumption from the source. The town has warned that boiling water will not reduce arsenic levels and may even concentrate the element.

In its most recent update, posted in late January, the town said adjustments are being made to Virden’s water treatment system to reduce arsenic levels, with sampling to be ongoing.

“Drinking this water over long periods of time can slightly increase cancer risk,” the notice states in part.

“Staff continues to work with the Town engineers, relevant departments of the province and contractors to bring our drinking water into compliance with the Canadian Drinking Water Standards,” reads a statement from the town to CTV News.

“Council continues to be concerned about the ongoing water quality and water levels, as well as the costs incurred by the Town for infrastructure that, in the opinion of the Town, is no longer being utilized for the purposes of which it was installed.”

‘A little scary’: Virden resident

Don Lelond, a Virden resident, said he and his wife have been spending about $100 a month in bottled water for drinking and cooking.

“The only thing we do with the city water right now is we shower in it… and even that makes me nervous,” Lelond said, “It’s a little scary.”

In a written statement, Virden Mayor Tina Williams said the town would not be making additional statements as the case is before the courts.

Virden had a population of just over 3,100 in 2016, according to Statistics Canada.

None of the allegations have been tested in court, and no statements of defence have been filed yet.

With files from CTV’s Jeff Keele