North Bay Class Action

Mann Lawyers > North Bay Class Action

North Bay Class Action

Proposed PFAS Contamination Class Action against the Attorney General of Canada and the Corporation of the City of North Bay and the Municipality of the City of North Bay

Overview

This proposed class action seeks compensation for all persons owning real property on or after January 1, 2017, with private residential drinking water wells in the area within North Bay, Ontario. This area is specifically described as the lands and premises within a 3 km radius of Canadian Forces Base 22 Wing North Bay and Jack Garland Airport (the “Contaminated Site”), as demarcated by the red circle in Schedule “B” of the Statement of Claim.

The lawsuit is brought against the Government of Canada, specifically the Department of National Defence (DND), and the Corporation of the City of North Bay, alleging that both entities are responsible for per- and polyfluoroalkyl substances (PFAS) contamination originating from the Contaminated Site.

Background

From the early 1970s to 1995, DND utilized Aqueous Film Forming Foam (AFFF) containing PFAS during firefighting training activities, equipment testing, maintenance, and transfers at both the CFB North Bay Lands and the Airport Lands. The majority of this PFAS contamination was released at a Former Firefighting Training Area (FFTA) located on the southeast corner of the airport, immediately adjacent to CFB North Bay.

In 1995, responsibility for firefighting training operations was transferred from the DND to the City of North Bay. The City subsequently took ownership of Jack Garland Airport from the federal government in 1998. Both the federal government and the City are alleged to have allowed PFAS contaminants to migrate offsite from their respective properties into the surrounding area. Both the DND and the City have publicly acknowledged that the Contaminated Site is the source of PFAS found in the water wells of the Plaintiffs and Class Members.

What Are PFAS?

PFAS are a large class of man-made chemicals characterized by their strong carbon-fluorine bonds, making them highly persistent in the environment. Often referred to as “forever chemicals,” they do not naturally degrade and can travel long distances through soil, groundwater, and surface water. The primary source of contamination in this case is the use of PFAS-containing AFFF in firefighting activities.

Exposure to PFAS has been linked to a range of serious health risks. These include high cholesterol, increased liver enzymes, decreased vaccination response, thyroid disorders, pregnancy-induced hypertension, preeclampsia, and certain cancers, such as testicular and kidney cancer. Health Canada and other regulatory agencies have concluded that there is growing evidence linking PFAS exposure to widespread health impacts on the liver, kidneys, immune system, reproductive health, thyroid function, nervous system, and metabolism. Recent findings indicate that PFAS can harm human health at lower concentrations than previously understood, and there is no known safe level of PFAS in drinking water.

Alleged Impact on Residents

The presence of PFAS contamination has had a multifaceted impact on residents within the affected area. Property owners may have experienced a significant decrease in the fair market value and marketability of their properties due to the pervasive stigma associated with off-site PFAS contamination in groundwater and drinking water wells.

The ongoing presence of these chemicals in drinking water has caused considerable inconvenience, discomfort, and distress, leading to stress and aggravation for those living with contaminated drinking water. Furthermore, residents have incurred material, labour, engineering, and professional costs related to investigating, remediating, monitoring, treating, and maintaining their well water, as well as costs associated with developing permanent uncontaminated water supplies or connecting to municipal water where feasible.

Plaintiffs’ Allegations

The plaintiffs allege that the federal government and the City of North Bay are liable under nuisance, strict liability (doctrine of Rylands v. Fletcher), negligence, trespass and statutory breaches of the Ontario Environmental Protection Act and the Canadian Environmental Protection Act. It is alleged that the federal government and the City remain liable through their use, handling, application, storage, and disposal of AFFF containing PFAS at the Contaminated Site, causing or permitting the discharge and migration of contaminants onto the plaintiffs’ and class members’ properties.

Relief Sought

The lawsuit seeks comprehensive relief and damages, including:

Remediation and Control: A mandatory order requiring the defendants to remediate and control any further release of PFAS.
Safe Water Provision: A mandatory order requiring the defendants to provide the most effective PFAS drinking water filtration systems available and bottled drinking water to affected properties.
Damages: General and special damages totaling $100 million for diminution in property value and marketability, remediation costs, engineering and professional costs.
Punitive Damages: The plaintiffs contend that the DND was aware of PFAS exceeding guidelines in groundwater as early as October 2011, and despite this early knowledge, the DND and the City failed to provide adequate warnings to residents of potential drinking water PFAS contamination, which the plaintiffs argue warrants punitive damages in the amount of $5 million.

*****

Contact Information

If you own property within the affected area and have well water testing results, please send an email to NorthBayPFASClassAction@mannlawyers.com.

For more information about the class action, contact lead counsel Michael S. Hebert or Nathan Adams at Mann Lawyers LLP.

Michael S. Hebert Email: michael.hebert@mannlawyers.com

Nathan Adams Email: nathan.adams@mannlawyers.com

Mann Lawyers LLP Address: 300-11 Holland Avenue, Ottawa, ON K1Y 4S1 Telephone: 613-722-1500 Fax: 613-722-7677

Statement of Claim accessible here.

*****

North Bay PFAS Class Action – Frequently Asked Questions (FAQs)

We encourage you to review the following FAQs, which address the most common questions about the case.

Due to the high volume of inquiries, you may not receive a response if your specific question is answered by the content of the following section. If your question is not addressed by the following information, contact NorthBayPFASClassAction@mannlawyers.com.

Does the claim cover personal injury related issues?

No. The claim does not presently pursue personal injury-related compensation.

The lawsuit focuses primarily on loss of property value, remediation costs, and impacts associated with PFAS contamination of groundwater wells in North Bay.

No further comments will be provided on personal injury-related inquiries beyond what is stated here.

Who are the parties involved in this lawsuit?

The plaintiffs representing the class are David Sway and Peter Currie. The defendants include the Attorney General of Canada on behalf of the Department of National Defence (DND), the Corporation of the City of North Bay, and the Municipality of the City of North Bay.

Do I qualify as a class member?

To qualify as a class member, you must:

Have owned real property on or after January 1, 2017,
The property must have a private drinking-water well,
The property must be located within approximately 3 km of CFB 22 Wing North Bay / Jack Garland Airport, as shown in Schedule “B” of the Statement of Claim.

This boundary may be expanded as more data and evidence become available. If your property has a private drinking-water well and is currently outside the 3 km radius, you may still send us your address for future consideration as we refine the class definition prior to certification.

Properties connected to municipal water systems (i.e., without groundwater wells) are not currently included.

No further comments will be provided on class membership qualification inquiries beyond what is stated here.

Should I share my PFAS well-water test results?

Yes. If your well water has been tested for PFAS, please email your laboratory report(s) in confidence to: NorthBayPFASClassAction@mannlawyers.com

What if my well has never been tested for PFAS?

You may still be part of the class if you meet the location and property-ownership criteria.

What is the lawsuit seeking? What kind of compensation or relief could I receive?

The lawsuit seeks:

Certification as a class proceeding
Declarations of liability against the defendants
Mandatory orders for remediation of the contaminated area
Provision of effective PFAS filtration systems and bottled water to affected residents, and
Damages for property value diminution, remediation costs, inconvenience, distress, and punitive damages.

What happens in the next class action?

This is a proposed action that has not yet been certified by the Court.

The next major step is certification, where the Court decides whether the case may proceed as a class action or not. If certified, a notice will be issued to residents explaining how to participate or opt out.

*****

Related media coverage: