Southeast Torbay PFAS Class Action
CLASS ACTION REGARDING THE PRESENCE OF PFAS IN THE GROUNDWATER SUPPLYING DRINKING WATER WELLS IN THE SOUTHEAST AREA OF TORBAY
Eddie Sheerr and Susan Sheerr v. His Majesty the King
Federal Court of Canada Number: T-3254-24
In November 2024, McInnes Cooper commenced a proposed class action against the Government of Canada on behalf of all owners and residents of property in the southeast area of Torbay, Newfoundland and Labrador (the “Impacted Area”), due to contamination of the groundwater supplying the drinking water wells on those properties originating from a nearby, federally owned property.
What is this Class Action About?
The Defendant owns, and is responsible for, the Fire Training Area located at the St. John’s International Airport, which has been deemed a federally indexed contaminated site (Site 00339002 – Disposal Site 2 and Fire Training Area) (the “Contaminated Site”).
Environmental testing at the Contaminated Site, and the Impacted Area, identified the presence of contaminants in the groundwater, including Per- and Polyfluoralkylated Substances (“PFAS”), which continue to migrate from the Contaminated Site to the Impacted Area. A water sampling program, conducted by the Defendant, revealed the presence of elevated PFAS concentrations in the groundwater which supplies the residential drinking water to the properties located in the in the southeast area of Torbay. The Defendant acknowledged that the originating source of the PFAS contamination is the Contaminated Site.
PFAS are human-manufactured, stable, highly fluorinated synthetic chemical compounds. Once they enter the environment, perfluoroalkyl acids (“PFAAs”), a type of PFAS, can cause extensive and long-lasting environmental contamination due to their solubility, mobility, and persistence properties. PFAAs are readily absorbed in human tissues after oral exposure, extremely stable and persistent once ingested, and resistant to metabolic degradation.
The Plaintiffs and the Class say that the Defendant is liable for failing to:
- implement timely, complete and effective methods to capture and contain the PFAS after its release from the Contaminated Site, as well as proper precautions and remedial measures to prevent the initial and continued migration of PFAS into the groundwater and to the Impacted Area;
- provide them with timely, complete and effective warning of the presence and extent of PFAS discovered to have migrated from the Contaminated Site to the Impacted Area, and the risks to their health and safety posed by the presence and extent of PFAS;
- implement timely, complete and effective steps to remediate the Contaminated Site, the lands adjacent to the Contaminated Site, and the Impacted Area, upon learning of the presence and extent of PFAS discovered to have migrated from the Contaminated Site to the Impacted Area, and upon learning of the risks to human health and safety posed by the presence and extent of PFAS.
As a result, the Plaintiffs and the Class 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 the investigation and remediation of their properties, costs associated with monitoring of their drinking water wells, as well as inconvenience, discomfort and distress.
Who is Included?
All persons owning property on or after January 1, 2024 or residing in the area within the Town of Torbay, Newfoundland and Labrador particularly described as the lands and premises within the boundary demarcated by the red line in the image below.
It includes all civic properties on:
| Karon Drive | Clara’s Place |
| Pine Ridge Crescent | Pulpit Rock Road |
| Rosebud Street | Roblin Place |
| Quarry Road Extension | Kelly’s Lane |
| Cordelia Crescent | Blackberry Crescent |
| Bourne’s Close | Portions of Pine Line & Torbay Road |
If you fall within the class definition, we ask that you complete a questionnaire about your property. 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.
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 plaintiff, a legal fee up to 33% of any amounts received may be paid to class counsel. If any settlement, judgment, or other benefit is obtained, class counsel shall apply to the Federal Court for approval of its fees.
Contact Us
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