PFAS Class Action, Torbay and Logy Bay–Middle Cove–Outer Cove
Class action regarding the presence of per- and polyfluoroalkyl substances (“PFAS”) in the groundwater supplying drinking water wells in portions of the Town of Torbay and the Town of Logy Bay–Middle Cove–Outer Cove, Newfoundland and Labrador
Edward Louis Sheerr and Susan Diane Sheerr v. His Majesty the King, as represented by the Attorney General of Canada
Supreme Court of Newfoundland and Labrador, General Division
In November 2024, Eddie and Susan Sheerr, represented by McInnes Cooper, commenced a proposed class action against the Government of Canada, in relation to Transport Canada, on behalf of all owners and residents of property in a defined southeastern portion of the Town of Torbay, Newfoundland and Labrador, due to contamination of the groundwater supplying the drinking water wells on those properties originating from a nearby, federally owned property. The federal property was historically used as a fire-fighter training site involving the use of fire suppressant aqueous film-forming foam (AFFF) containing PFAS. The action was commenced in the Federal Court of Canada.
In February 2025, the Attorney General of Canada informed the Federal Court that the Defendant intends to bring third-party claims against the manufacturers and distributors of the AFFF based on provincial common laws that fall outside the Federal Court’s jurisdiction. Consequently, the Sheerrs and the Defendant agreed to staying the proposed class action in the Federal Court and effectively transferring it to the Supreme Court of Newfoundland and Labrador, General Division.
The Federal Court stayed the proposed class action in that court on May 6, 2025 and a revised Statement of Claim was filed in the Supreme Court of Newfoundland and Labrador, General Division on May 23, 2025. The revised Statement of Claim sets out additional facts discovered since the filing of the original Statement of Claim, and expands the class of owners and residents to include all owners and residents in two defined groundwater catchment areas in the Town of Torbay and the Town of Logy Bay–Middle Cove–Outer Cove.
What is this Class Action About?
The Government of Canada owns and is responsible for the fire-fighter training site, which is designated in the Federal Contaminated Site Inventory as site 00339002 – Disposal Site 2 and Fire Training Area (the “Contaminated Site”). The Contaminated Site is located at the headwater of the primary watershed system affecting the Impacted Area, comprised of the Kennedys Brook and South Pond catchment areas.
Environmental testing of the groundwater at the Contaminated Site and in the Impacted Area has detected PFAS concentrations exceeding Health Canada’s objective value for drinking water. The contaminated groundwater supplies drinking water wells in the Impacted Area. Transport Canada acknowledged the Contaminated Site is the originating source of the PFAS contamination in the groundwater in the Impacted Area.
PFAS are a family of fluorinated synthetic chemical compounds that are highly stable compounds. They are extremely resistant to degradation in the environment. They are likewise extremely resistant to metabolic degradation, meaning once they are ingested in the human body they accumulate and result in a body burden that persists for years. PFAS are toxic and can cause significant adverse health effects in humans, including testicular cancer, kidney cancer, liver damage, autoimmune and endocrine disorders, preeclampsia, ulcerative colitis, thyroid disease, and others. The presence of PFAS in drinking water presents serious health risks to residents and decreases market value of contaminated properties.
PFAS is characteristically capable of traveling long distances in groundwater. To date, Transport Canada has not determined the full delineation of the plume of PFAS in the Impacted Area that has migrated, and is continuing to migrate, from the Contaminated Site.
The Sheerrs and the proposed class members assert that Transport Canada has a duty to conduct timely, complete and effective investigation and remediation of the PFAS contamination in the groundwater, which it has failed to do. Transport Canada has failed to fully and reasonably investigate the mobility, stability, migration, delineation and risk profile of the contaminant in the groundwater in the Impacted Area.
The Sheerrs and the proposed class members say Transport Canada is liable for failing:
- To implement timely, complete and effective methods to capture and contain the PFAS released at the Contaminated Site, as well as to implement proper precautions and remedial measures to prevent the migration of PFAS into the groundwater below the Contaminated Site;
- To implement timely, complete and effective controls and remedial measures at the Contaminated Site and lands adjacent to the site in the Impacted Area sufficient to prevent the initial and continued migration of PFAS onto, under, into and through the Impacted Area;
- To provide timely, complete and effective warning to the Sheerrs and the proposed class members of the presence and extent of PFAS discovered to have migrated via the groundwater from the Contaminated Site to the Impacted Area; and
- To provide timely, complete and effective warning to the Sheers and the proposed class members of the risks to their health and safety posed by the presence and extent of PFAS discovered to have migrated via the groundwater from the Contaminated Site to the Impacted Area.
As a result, the Sheerrs and the proposed class members 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 investigation, remediation and monitoring of their properties, as well as inconvenience, discomfort and distress.
Who is Included?
The proposed class action is brought on behalf of all persons owning and/or residing on or after January 1, 2024 at real property in the area within the Town of Torbay and the Town of Logy Bay–Middle Cove–Outer Cove, Newfoundland and Labrador northeast and down-gradient from the contaminated fire-fighter training site, which area is comprised of the Kennedys Brook and South Pond catchment areas identified in a groundwater flow modelling study prepared by the Town of Torbay’s consultant environmental engineers, the boundaries of which are demarcated by the red lines on the maps below (the “Impacted Area”).
If you fall within the class definition, we ask that you complete a questionnaire about your property in the link below. 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.
Will Transport Canada Test My Well?
If you fall within the class definition, you may send Transport Canada a request to test your well water to determine its PFAS concentration. If Transport Canada agrees to conduct such a test, we ask that you share the results of your testing with us when you receive them. We have been informed that requests of this kind can be addressed to TC.ATLEnvironmentalPrograms-ProgrammesenvironnementauxATL.TC@tc.gc.ca.
Alternatively, there are private companies that are able to sample and test well water to determine its PFAS concentration, for a fee. If you are interested in retaining such a company and paying for your own testing, please contact our paralegal Jennifer King for more information at [email protected]
It is important to note that water sampling of this type only provides a snapshot in time, as the groundwater supplying your water well is part of a dynamic and complex system, influenced by changing factors like precipitation, extraction, interconnectedness with surface water bodies and feedback loops.
Do I Need to Pay Anything?
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 plaintiffs, a legal fee up to 33% of any amounts received may be paid to class counsel. If any settlement, judgement or other benefit is obtained, class counsel shall apply to the Supreme Court of Newfoundland and Labrador, General Division for approval of its fees.
Contact Us
Confidential email: [email protected]
Lead counsel of the proposed class action is J. Alex Templeton, Partner.
On the news…
- Jan. 12, 2026 - Federal records reveal decades of PFAS risks at Torbay training site
- Oct. 20, 2025 – Torbay man out $3,200 for new PFAS filtration as testing in Torbay expands
- Oct. 14, 2025 – Newfoundland: Water contamination found to be more widespread in Torbay than other tested sites
- Oct. 2, 2025 – ‘Not contaminated enough’: Some Torbay homes denied water delivery amid PFAS crisis
- Sept. 13, 2025 – Tainted Taps – “Forever chemicals” in drinking water leave communities in toxic limbo
- Sept. 11, 2025 – These residents didn’t know their water was contaminated until a professor showed up
- Sept. 10, 2025 – More Torbay homes show high PFAS levels in water after summer retesting, lawyer calls for hydrogeological study
- Jun. 13, 2025 – ‘It’s scary’: Residents say their groundwater is contaminated by firefighting foam from Newfoundland airport
- Jun. 3, 2025 – Torbay’s water contamination more widespread than originally thought
- May 15, 2025 – Invisible, toxic and slow to break down — forever chemicals are contaminating our food and water. Here’s what we know about forever chemical hotspots in Canada.
- Dec. 4, 2024 – Torbay residents file class-action suit against federal government over contaminated well water
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