On October 23, 2023, Siskinds Desmeules filed for the Plaintiffs Julie Fortier and Miguel Charlebois an application for authorization to institute a class action against Glencore Corporation Canada and the Government of Quebec for damages caused to residents of the City of Rouyn-Noranda as a result of the release of toxic and carcinogenic contaminants (including arsenic, lead, cadmium and sulphur) into the atmosphere by the Horne smelter.
The proposed class
The Plaintiffs seek compensation for the members of the following proposed class:
Subgroup 1:
All persons who have lived in the QND (Quartier Notre-Dame)* of the City of Rouyn-Noranda, at any time since January 1, 1991, and who have suffered or are still suffering harm as a result of the emission of toxic and carcinogenic contaminants from the Horne smelter.
Subgroup 2:
All persons who have lived within the urbanization perimeter of the City of Rouyn-Noranda (excluding the QND (Quartier Notre-Dame)), at any time since January 1, 1991, and who have suffered or are still suffering harm** as a result of the emission of toxic and carcinogenic contaminants from the Horne smelter.
* For a list of QND street addresses, click here.
** For the purposes of defining sub-groups, suffering refers to the damage items set out in the compensation plan.
To view the proposed Compensation Plan, click here (French Only).
In addition to compensation, the Plaintiffs are seeking an order enjoining Glencore Canada Corporation to reduce all emissions of contaminants from the Horne smelter to the maximum concentrations established by current regulatory standards adopted under the Environment Quality Act, and cease harming the life, health, safety, and comfort of class members, causing damages, or otherwise adversely affecting the quality of the environment and property.
Liability allegations
It is alleged that Glencore Corporation Canada, the company operating the Horne smelter, emitted quantities of toxic and carcinogenic contaminants into the atmosphere and the environment for decades, at levels exceeding the standards intended to protect human health, and has failed to notify the members of the proposed class, adequately and in a timely manner, of the nature, detail and extent of the exposure, thereby infringing the fundamental rights and integrity of the members of the proposed class, and causing them damage.
It is alleged that the Government of Quebec tolerated and knowingly authorized the emission of toxic and carcinogenic contaminants into the atmosphere and the environment for decades, at levels exceeding its own standards for the protection of human health, and has failed to notify the members of the proposed class, adequately and in a timely manner, of the nature, detail and extent of the exposure, thereby infringing on the fundamental rights and integrity of the members of the proposed class and causing them damage.
You think you are part of this class action?
Still have questions?
You can reach us by e-mail at [email protected] or call us toll-free at 1.877.735.3842.
Developments
NOVEMBER 2024
On November 4, 2024, Justice Daniel Dumais rendered a decision on the two motions for permission to produce relevant evidence. The Court refused permission to file 28 of the 33 exhibits that the Attorney General of Quebec and Glencore sought to file for the hearing on the application for authorization to initiate a class action. You can view the judgment by clicking on the link below.
Decision for permission to produce relevant evidence (French only)
SEPTEMBER 2024
On August 23, 2024, Government of Quebec and Glencore Corporation Canada filed motions for permission to produce relevant evidence. These motions can be accessed by clicking on the links below. They seek the Court's authorization to file documents in evidence for the hearing on the application for authorization to institute a class action. These motions were presented to the Court on September 26 and 27 at the Rouyn-Noranda courthouse. The Tribunal has taken these motions under advisement. We will publish the judgment when it is rendered.
AGQ's motion for permission to produce relevant evidence (French only)
Glencore's motion for permission to produce relevant evidence (French only)
APRIL 2024
On April 24, 2024, Siskinds, Desmeules amended the application for authorization to institute a class action to consider, among other things, the latest developments in the file and comments received at an information meeting held in Rouyn-Noranda on November 17, 2023.
The amended application for authorization is available here. (French only)
OCTOBER 2023
On October 23, 2023, Siskinds, Desmeules filed for the Plaintiffs an application for authorization to institute a class action before the Superior Court of Quebec, alleging liability on the part of Glencore Corporation Canada and the Government of Quebec for damages caused to residents of certain sectors of the City of Rouyn-Noranda as a result of the release of toxic and carcinogenic contaminants far exceeding air quality standards by the Horne smelter.
You can view a copy of the application for authorization by clicking here. (French only)
The class action is in its early stage and has not yet been authorized by the court.
FAQs
What is a class action?
A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.
What does authorization mean?
Authorization is the motion where the court determines whether the action can properly be pursued as a class action.
The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).
Do I have to pay anything to participate in the class action?
Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.
Who is affected by this class action?
You are affected by this class action and could be a "class member" if you have resided at any time since January 1, 1991 in the Quartier Notre-Dame or within the urbanization perimeter of the City of Rouyn-Noranda and have suffered or are still suffering an injury resulting from the emission of toxic and carcinogenic contaminants from the Horne smelter.
There are no steps involved in joining the class. If you fall within the group's definition, you are automatically part of the class action, unless you opted out of the class action.
Can I opt out of the class action?
Yes. Once the class action has been authorized or certified, you will have the opportunity to opt-out of the class action within a period of time to be determined by the Court. If you exclude yourself, you will not be entitled to any compensation awarded under a settlement agreement or court order. You may however pursue your own action on an individual basis.
Generally, class members will wish to exclude themselves from a class action if they intend to bring their own individual action. In the majority of cases, it will be more economical to participate in the class action because the legal costs will be shared among a very large number of people.
What should I do to protect my rights?
To protect your rights, you should:
- Keep all proof of residence in the Quartier Notre-Dame or within the urbanization perimeter of the City of Rouyn-Noranda;
- Keep any proof of financial loss related to maintaining your home, mitigating exposure or protecting your or your family's health;
- Keep all proof of your relocation, expropriation or sale of your property to the Horne smelter for the purpose of creating a buffer zone; and
- Email or call us to subscribe to our database and receive all updates and notices concerning this class action.
All personal information provided to Siskinds, Desmeules will be kept confidential. For information on how your personal information may be collected, used, stored and disclosed, please see our Privacy Policy by clicking here.
I still have a question. Who should I contact?
Contact us by phone at 418.694.2009, or toll-free at 1.877.735.3842, or write to us at [email protected].
Documents
Application for authorization to institute a class action Application for authorization - October 23, 2023 (in French only)
Amended application for authorization to institute a class action - April 24, 2024 (in French only)
Glencore's motion for permission to produce relevant evidence - August 23, 2024 (in French only)
Decision for permission to produce relevant evidence - November 4, 2024 (in French only)
List of residential addresses in Quartier Notre-Dame
AGQ's motion for permission to produce relevant evidence - September 9, 2024 (in French only)
Map of Rouyn-Noranda urbanization perimeter
Proposed Compensation plan (in French only)