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Environmental Class Action Lawsuits

Environmental damage as a result of pollution, spills or contaminated water issues may have a large impact on a great number of individuals or their properties. Toxic emissions from plants, foundries, or steel or coal production can cause widespread damage which affects many communities in Canada. At Wagners, we represent those who have been harmed because of negligent environmental activities in the context of individual or class action lawsuits, representing many plaintiffs.

These types of class actions may be massive and affect tens of thousands of people. While class proceedings involving environmental damages are sometimes difficult to certify, there have been successful suits that have passed the certification test, including our Sydney Tar Ponds class action. If the case is manageable and refined appropriately, certification can be obtained and an appropriate resolution may be reached.

Environmental Class Actions In Canada

The Courts have had experience with environmental class actions, and property owners do have recourse when faced with damages to their homes and lands. Claims seeking compensation for environmental disasters and pollution caused by defendants are not cost-effective when pursued on an individual basis. When the same source of contamination adversely affects many, but the damages to each individual are low, class actions are a perfect vehicle for them to obtain justice and compensation. Train derailments, fires, the release of chemicals into waterways, poor water quality and other instances of environmental damage have been the subject of class actions throughout the years.

One difficulty with these types of class actions is the pursuit of damages by plaintiffs for health effects related to the contamination. The Courts take a hard line on the personal injuries that may be attributed to contaminants, and due to the individual nature of the health effects and damages, the Courts tend to shy away from certifying an environmental class proceeding. Medical monitoring is one aspect of environmental class actions that has been employed in an effort to assist individuals who suffer from ill-health as a result of exposure to toxic chemicals. However, property damage, diminution of value and loss of enjoyment of one’s surroundings are much more likely to obtain certification.

Comprehensive Representation From Skilled Lawyers

In addition to corporate defendants, class proceedings have also been filed against provincial and federal governments in their roles as regulators and owners of various manufacturing facilities. The Sydney Tar Ponds class action is one such class action that names both the Government of Canada as well as Nova Scotia as defendants. Steel making in Sydney, Nova Scotia, has led to widespread contamination of that community. While our class action was successfully certified by the Supreme Court of Nova Scotia, the federal and provincial governments filed an appeal of the successful certification decision.

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Sam M
Sam M
16:11 19 Jan 18
Dyana was so kind to help me and respond to my query within 24h even though they do not pursue the specific class action I was looking for. She sent me few links by email. Thank you Dyana.
linda frausell
linda frausell
01:21 16 May 17
I have dealt with Wagner and Associates over the years and have received great advice,support and results . Their team is very respectful and show they care. You can trust them to take care of you and they always have your best interest in hand. I would definetly recommend them .
frank slaunwhite
frank slaunwhite
16:29 03 May 17
Ray Wagner and his legal team have been representing my niece and I for many years. They have been honest and quick to respond to all our needs in a professional manner. I highly recommend Wagners Law Firm and appreciate their caring approach.Thanks
Missy Day
Missy Day
12:03 06 Oct 16
I can't speak highly enough about the lawyers at Wagners who represented me for injuries from not one but two motor vehicle accidents. They were very professional and approachable. I was kept informed of all steps in the process and all of my inquiries were responded to and dealt with very quickly. The lawyers are knowledgeable and showed great empathy for what I was going through. I would recommend this firm to anyone!
Nicholas Gordon
Nicholas Gordon
11:30 06 Oct 16
I contacted Wagners about a motor vehicle accident.I was able to speak with someone right away. The staff were very pleasant and helpful.I received a response about pursuing a case the next day.I would highly recommend this firm.
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