The Ontario Superior Court of Justice has paved the way for punitive damages in a class-action lawsuit concerning the pollution from per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals,” on private properties. Lawyers involved in the case, focused on contamination in Mississippi Mills, Ont., view Justice Robert Smith’s ruling on March 9 as a precedent for similar lawsuits.
PFAS, a group of thousands of chemicals, have been associated with various health issues such as liver and prostate cancer, pregnancy-induced hypertension, fatty liver disease, and disruptions in lipid function, which can lead to Type 2 diabetes. The class-action lawsuit in Mississippi Mills targets the National Research Council of Canada (NRC) and seeks $40 million in compensation for 69 homeowners claiming decreased property values due to PFAS contamination.
Over a span of about 25 years, the NRC operated a firefighting facility in the area where PFAS-containing aqueous film-forming foams were used during training exercises. The chemicals seeped into the groundwater and polluted wells in nearby residences. Apart from the $40 million sought for property devaluation, the claimants are now pursuing an additional $2 million in punitive damages.
The plaintiffs argue that the NRC was aware of the PFAS contamination risk as early as March 2013 but failed to inform residents until December 2015. Justice Smith, in his March 9 decision certifying punitive damages, highlighted reports submitted by Aqua Terre in 2004 and 2009 to the NRC, which raised environmental concerns regarding the discharge of firefighting wastewater. He noted that these concerns were not escalated within the NRC’s hierarchy.
Nathan Adams, an associate at Mann Law involved in the case, suggested that the NRC may have been aware of PFAS contamination risks even before 2013 based on these reports. The decision to certify punitive damages in this case could have implications for other class-action lawsuits. Mann Lawyers are also handling a potential class-action lawsuit related to PFAS contamination in North Bay, Ont., where similar firefighting training activities took place, potentially leading to more legal actions in the future.