WHEATLEY GAS EXPLOSION
- On August 26, 2021 at approximately 6:13 p.m, a gas explosion occurred in Wheatley, Ontario. As a result, 15 Erie St. N., where the explosion occurred, and surrounding areas were subject to a State of Emergency order.
- On November 18, 2022, the law firm of Strosberg Sasso Sutts LLP commenced a class action against The Corporation of the Municipality of Chatham-Kent ('Municipality') and HSE Integrated Ltd. ('HSE'), also known as the Defendants.
- The Statement of Claim describes the Class as:
'Class' and 'Class Members' means all persons, other than the Defendants, who on August 26, 2021:
(i) owned real property;
(ii) leased real property;
(iii) owned and/or had an interest in personal property; and
(iv) lived and/or worked;
within the boundary of:
(1) the red 'Evacuation Zone' depicted in Appendix 'A';
(2) the 'Old Evacuation Zone' depicted in Appendix 'B'; or
(3) within the boundary that the Court determines.
and
'Family Class' and 'Family Class Members' means the living partners, spouses, children, grandchildren, parents, grandparents or siblings of a Class Member who suffered personal injuries as a result of the Explosion. - In this class action, the representative plaintiffs plead:
'78. As a result of the Explosion, the Class Members and the Family Class Members suffered loss and damage. They will continue to suffer loss and damage, including physical and emotional injuries and interference with their safety, comfort and convenience. The value of their real estate and property in Wheatley has decreased and will continue to decrease. They have incurred and continue to incur expenses including relocation costs, costs to purchase the necessities of life while they are displaced from their homes, lost income and profits, and costs to purchase necessary supplies, equipment and services while they are displaced from their businesses.
79. The Defendants are liable to pay damages to the Plaintiffs and Class Members including, but not limited to, damages on account of:
(a) physical and psychiatric injuries, including emotional distress and post-traumatic stress disorder caused by the Explosion and/or from being evacuated during the Explosion and/or from the displacement from their homes and businesses thereafter;
(b) real and personal property damaged, destroyed and stolen;
(c) diminution of property value;
(d) the costs of obtaining alternative accommodations;
(e) damages for the loss of use, enjoyment and inconvenience of being displaced from their homes and/or businesses;
(f) out-of-pocket expenses, including the cost of food, clothing and other additional living expenses incurred to cover the necessities of life while displaced from their homes;
(g) lost income and/or lost profits, including losses arising because Class Members cannot access their places of business and/or their rental housing located in the evacuation area;
(h) out-of-pocket expenses, including the cost of business expenses incurred to cover required supplies, equipment and services while displaced from their businesses; and
(i) the legal costs they incur or incurred on their behalf to. deal with insurance issues and/or landlord and tenant issues.
80. The Family Class Members are entitled to recover their pecuniary loss resulting from the injury to the Class Members, including damages described in s. 61(2) of the Family Law Act, including actual expenses reasonably incurred for the Class Members housing, other services and loss of guidance, care and companionship reasonably expected from the Class Members.' - If you were affected by the explosion in Wheatley, it is very important for you to keep track of all of your out of pocket expenses that you incur. Please keep all receipts in a secure location because they will be required later.
- If you would like to speak to someone at Strosberg Sasso Sutts LLP about this class action, please call us at 519.561.6296 or use our toll free line 800.229.5323 ext. 8296.
- If you wish to provide your information to us on-line, click on Questionnaire.
- If you would like to know more about how a class action works, please click here.
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IMPORTANT NOTICE This website provides general information to potential class members in the proposed class action commenced regarding the Wheatley Explosion. The court will ultimately decide who will be included as a class member. This site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice. This website is updated from time to time to provide class members and the public with further information. |
Questionnaire for Residential Residents
Questionnaire for Commercial Properties
Questionnaire for Subrogated Insurers
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