Eddie Sheerr and Susan Sheerr v. His Majesty the King
Federal Court of Canada Number: T-3254-24
In November 2024, McInnes Cooper commenced a proposed class action against the Government of Canada on behalf of all owners and residents of property in the southeast area of Torbay, Newfoundland and Labrador (the “Impacted Area”), due to contamination of the groundwater supplying the drinking water wells on those properties originating from a nearby, federally owned property.
We invite owners and residents of property in the Impacted Area of Torbay to attend our upcoming Class Action Information Session to be held on Thursday, December 12, from 6:30 to 8:30 pm, at the Torbay Common Community Centre located on 8 Kinsmen Place, Torbay, NL.
McInnes Cooper partner Alex Templeton will present an information session detailing:
The attendance of owners and residents of property located in the Impacted Area is encouraged.
There will be an opportunity to pose questions related to the Class Action and Class Action process.
The Defendant owns, and is responsible for, the Fire Training Area located at the St. John’s International Airport, which has been deemed a federally indexed contaminated site (Site 00339002 – Disposal Site 2 and Fire Training Area) (the “Contaminated Site”).
Environmental testing at the Contaminated Site, and the Impacted Area, identified the presence of contaminants in the groundwater, including Per- and Polyfluoralkylated Substances (“PFAS”), which continue to migrate from the Contaminated Site to the Impacted Area. A water sampling program, conducted by the Defendant, revealed the presence of elevated PFAS concentrations in the groundwater which supplies the residential drinking water to the properties located in the in the southeast area of Torbay. The Defendant acknowledged that the originating source of the PFAS contamination is the Contaminated Site.
PFAS are human-manufactured, stable, highly fluorinated synthetic chemical compounds. Once they enter the environment, perfluoroalkyl acids (“PFAAs”), a type of PFAS, can cause extensive and long-lasting environmental contamination due to their solubility, mobility, and persistence properties. PFAAs are readily absorbed in human tissues after oral exposure, extremely stable and persistent once ingested, and resistant to metabolic degradation.
The Plaintiffs and the Class say that the Defendant is liable for failing to:
As a result, the Plaintiffs and the Class say they have suffered interference with their use and enjoyment of their properties, diminution of fair market value and marketability of their properties, costs associated with the investigation and remediation of their properties, costs associated with monitoring of their drinking water wells, as well as inconvenience, discomfort and distress.
All persons owning property on or after January 1, 2024 or residing in the area within the Town of Torbay, Newfoundland and Labrador particularly described as the lands and premises within the boundary demarcated by the red line in the image below.
It includes all civic properties on:
Karon Drive | Clara’s Place |
Pine Ridge Crescent | Pulpit Rock Road |
Rosebud Street | Roblin Place |
Quarry Road Extension | Kelly’s Lane |
Cordelia Crescent | Blackberry Crescent |
Bourne’s Close | Portions of Pine Line & Torbay Road |
If you fall within the class definition, we ask that you complete a questionnaire about your property. McInnes Cooper can help you confirm whether you are a Class Member and will be in touch to confirm next steps.
Complete the questionnaire here.
You do not need to pay any legal fees directly out of your pocket. If the case is unsuccessful, no legal fees will be charged. By agreement with the representative plaintiff, a legal fee up to 33% of any amounts received may be paid to class counsel. If any settlement, judgment, or other benefit is obtained, class counsel shall apply to the Federal Court for approval of its fees.
Confidential email: [email protected]
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