PFAS Water Contamination Action
Koskie Minsky LLP and McKenzie Lake LLP are pursuing class actions in Ontario and British Columbia against major chemical manufacturers for widespread PFAS chemical contamination in drinking water supplied by wells. The actions are brought on behalf of owners of private wells in Canada, whose well water is contaminated with PFAS.
PFAS (Per- and polyfluoroalkyl substances), otherwise known as “forever chemicals”, are a group of man-made chemicals used in a wide range of everyday and industrial products since the 1950s. The Statement of Claim, filed in Ontario on August 26, 2024, and the Notice of Civil Claim, filed in British Columbia on September 16, 2024, allege that the manufacturers of PFAS and products containing PFAS caused widespread PFAS contamination in the drinking water supplied to the proposed Class Members’ properties, all while knowing of the risks of contamination and the health risks caused by exposure to PFAS. The plaintiffs in Ontario and BC claim for costs of testing, treatment, monitoring, and other consequential damage arising from the contamination.
The Ontario and BC claims are each brought by an owner of a private well whose water supply is contaminated with PFAS. The claims plead causes of action in negligent design, nuisance, conspiracy, breach of the duty to warn, and breach of the Competition Act.
If you are currently the owner of private well in Canada, whose well water is or may be contaminated with PFAS, please contact Koskie Minsky LLP at pfasclassaction@kmlaw.ca or toll-free at 1-888-723-4305.
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Latest Developments
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September 16, 2024
The Notice of Civil Claim was issued in British Columbia.
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August 26, 2024
The Statement of Claim was issued.
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September 16, 2024
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Documents
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.
How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
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Contacts
Telephone: 1-888-723-4305
Email: pfasclassaction@kmlaw.ca
