Deer Lake Canal Seepage
Dewey et al v. Kruger Inc. et al
Nfld & Lab Supreme Court File: 2015 04G 0120 CP
A Notice of Action and Statement of Claim were filed in the Supreme Court of Newfoundland and Labrador on May 22, 2015.
One of the defendants, Corner Brook Pulp and Paper Limited, commenced an application to stay the proposed class action on the basis that the class members are required pursuant to historical legislation to resolve the dispute through arbitration. The application was opposed by Wagners. The application was heard and Corner Brook Pulp and Paper Limited succeeded.
An appeal has been filed by Wagners and our firm is in the process of finalizing the appeal materials for filing with the court. Dates for the appeal are to be determined shortly.
Certification of the class action is on hold as it cannot proceed to that stage until the appeal has been heard and the decision released by the Court of Appeal.
In cooperation with Bob Buckingham Law of St. John’s, Wagners have filed a proposed class action lawsuit in the Supreme Court of Newfoundland and Labrador, Trial Division, on May 22, 2015.
The class proceeding was filed on behalf of the Plaintiffs against numerous Defendants and seeks damages caused by decades of water seepage from the Deer Lake Canal.
The two law firms, both with experience in class actions, and Wagners with experience in environmental class actions, are working cooperatively on behalf of the Plaintiffs and potential class members.
Numerous properties in Deer Lake have been damaged by many years of excessive water seepage from the Deer Lake Canal. The Deer Lake Canal runs from Grand Lake to the Kruger Hydroelectric Power Generating Station in Deer Lake, NL.
The canal was built approximately 90 years ago and since that time it has been seeping water which has been flooding the homes in the area. Many homes have suffered water damage, flooding and mould.
The lawsuit alleges defects in the design, development and operation of the canal and states that all Defendants failed to act responsibly to ensure the residents living beneath the Deer Lake Canal were protected from property damage and resulting risks of severe health problems caused by constant, persistent water seepage.
At this time it appears in excess of 350 homes are affected by the damage caused by the negligence and the ensuing nuisance as a result of the water seepage.
Update – March 1, 2016
The Plaintiffs’ response materials have been filed with the Court in relation to the Defendant’s timing application.
Copies of the application documents may be viewed under the Court Documents tab.
Update – February 8, 2016
Counsel for the Defendant, CBPPL, has confirmed that they intend to make a motion before the Honourable Justice Hurley concerning the timing for their intended jurisdiction motion. The motion will be heard on March 10, 2016 in Cornerbrook, NL.
The Defendants must file their documents on or before February 19th. The Plaintiffs’ response is due March 1st. Copies of the motion documents will be made available for viewing under the Court Documents tab.
Update – January 27, 2016
The initial Case Management Conference has now been scheduled.
All counsel will appear before Justice Hurley on Monday, February 8, 2016 to discuss the proposed class action and future initiatives with respect to this case.
Update – December 10, 2015
A Case Management Judge has been appointed by the Supreme Court of Newfoundland and Labrador with respect to the Deer Lake Canal Seepage class action.
The Honourable Justice David F. Hurley will manage the proceedings. Efforts are now being made to secure a date convenient to the parties and the Court of the initial Case Management Conference.
Update – June 22, 2015
Wagners and Bob Buckingham Law are in the process of identifying and retaining the services of appropriate experts who will assist with the class action concerning the Deer Lake Canal issues.
Update – May 25, 2015
Wagners and Bob Buckingham Law, based in St. John’s, NL, have teamed up to initiate a class proceeding on behalf of residents affected by the water seepage from the Deer Lake Canal.
The proposed class proceeding was filed in the Supreme Court of Newfoundland and Labrador on May 22, 2015. A copy of the filed Statement of Claim may be found under the Court Documents tab.
Further news updates will be posted on this page as the matter progresses.
The following documents concerning the class action which has been filed by Wagners and Buckingham Law as a result of the seepage from the canal in Deer Lake, Newfoundland are available for viewing in PDF format:
Wagners is presently accepting enquiries from individuals, who are affected by the seepage from the Deer Lake canal.
A map denoting the proposed class boundary may be found at the end of the Statement of Claim as Schedule “A”.
Please review the map to determine if you may be eligible for inclusion as a class member in the proposed class action lawsuit.
To sign up and determine if you qualify, please fill out this registration form: