Toxic Mould Class Action

Kim Orr is prosecuting a $210 million class proceeding against the Government of Canada on behalf the residents of Long Lake Reserve #58.

The Statement of Claim alleges that the Government of Canada failed to follow its own warnings and allowed the majority of homes on Long Lake Reserve #58 to become infested with Toxic Mould. Health Canada has identified Toxic Mould as a substance that is harmful to human health.

As a result of the Toxic Mould infestation, the reserve was evacuated in the summer of 2001 and more than 40 homes were demolished.

The Government of Canada brought a motion to strike the Plaintiff's claim in June of 2005. On September 12, 2005, Justice Cullity of the Ontario Superior Court of Justice released his decision refusing to strike the majority of the Plaintiff's claim and allowing this action to proceed.

In 2009, the plaintiff brought a motion to certify the action as a class proceeding. In reasons released on December 4, 2009, the action was certified as a class action.

For more information about this class action please contact Victoria Paris at vp@kimorr.ca