Ottawa law firm launches $105M class action suit over contaminated soil in North Bay

As cleanup efforts continue at the Jack Garland Airport, an Ottawa law firm is looking for North Bay residents to sign up for a class-action lawsuit. (File)

As cleanup efforts continue at the Jack Garland Airport, an Ottawa law firm is looking for North Bay, Ont., residents to sign up for a class-action lawsuit.

The suit by Mann Lawyers seeks $100 million in damages from the federal government (the Department of National Defence) and the City of North Bay for people living within a three-kilometre radius of Canadian Forces Base 22 Wing North Bay and Jack Garland Airport.

None of the allegations in the lawsuit have been tested in court.

The suit centres on the fact that from the 1970s until 1995, a firefighting foam was used for training, testing and other procedures on the property.

The foam contained per- and polyfluoroalkyl substances (PFAS) and contaminated the area on the southeast corner of the airport adjacent to the Canadian Forces Base. Last week, officials said more than 26,000 tonnes of contaminated soil had been removed from the site.

Since 1995, the suit alleges, the city and the federal government have allowed the chemicals to seep into surrounding properties. PFAS have been found in the water wells of nearby residents, the suit said.

“Exposure to PFAS has been linked to a range of serious health risks,” the suit said.

“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.”

The impact on residents living nearby, the suit said, includes a significant decrease in the value of their properties.

“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,” the suit said.

“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.”

The lawsuit is seeking a court order to have the city and DND remediate and control the release of PFAS from the site. In addition, it wants the parties to pay for a water filtration system to remove PFAS and for bottled water to be provided to the affected residents.

In addition, it seeks $100 million for “diminution in property value and marketability, remediation costs, engineering and professional costs,” and another $5 million for punitive damages.

Two residents are named in the suit – David Sway and Peter Currie.

The city and the Department of National Defence declined to comment on the suit, since it is an ongoing legal case.

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• City of North Bay reaches deal to begin removing chemicals at airport
• Residents updated on $20M cleanup of contaminated soil at North Bay’s airport