Recent Developments
The defendants have obtained orders under the Companies’ Creditors Arrangement Act, R.S.C. 1985 c. C-36, as amended, imposing court protectin, the result of which is that no further funds will flow under the settlement.
Important Dates:
EXTRAORDINARY DAMAGE CLAIM FORM DEADLINE: DECEMBER 22, 2009
Settlement Implementation Dates:
OPT-OUT DEADLINE of AUGUST 24, 2009 has expired.
PROPERTY DAMAGE CLAIM FORM DEADLINE of SEPTEMBER 23, 2009 has expired.
Recent Developments
The Northstar TCE Class Action was approved by the Honourable Justice Perell of the Ontario Superior Court on June 18, 2009.
Settlement Approval Documents
Settlement Agreement Approved by Justice Perell
Reasons for Decision of Justice Perell
Press Release – Settlement Approval
Settlement Implementation Documents
Claim Form – Extraordinary Damages
Settlement Documents
Town Hall Meeting, June 3, 2009
A Town Hall meeting was held June 3, 2009 at 7:00 p.m. at the Fairview Mennonite Home (515 Langs Drive, Cambridge).
FAQs from Town Hall Meering, June 3, 2009
Powerpoint Presentation from Town Hall Meeting, June 3, 2009
Overview of Claim
A Statement of Claim was issued in the Ontario Superior Court of Justice on January 27, 2006, claiming damages for negligence, nuisance and breach of duty against Northstar Aerospace, Inc., and Northstar Aerospace (Canada) Inc., in respect of alleged contamination of TCE in the subsurface and groundwater of lands in close proximity of the Northstar manufacturing plant located in Cambridge, Ontario.
The Statement of Claim seeks damages for negligence, nuisance and breach of duty in the amount of $100,000,000.00 and punitive, aggravated and exemplary damages in the amount of $10,000,000.00.
The action is brought under the Class Proceedings Act, 1992, S.O., 1992, c.6 on behalf of a Class consisting of any person or persons who own property within a three (3) mile radius of the Cambridge Plant, whose property has been contaminated with TCE.
The Statement of Claim, which contains allegations which have yet to be proven in Court, alleges that readings of TCE levels indicate the existence of TCE in the subsurface and groundwater around the Cambridge plant, far in excess of acceptable standards. The Statement of Claim alleges that the surrounding public community is well-aware of the TCE contamination and that, as a result, people living within a 3 mile radius of the plant have suffered loss and damage.
We are compiling a database of individuals who have been or might have been affected by TCE contamination.
If you have not already contacted us, we would appreciate hearing from you as it may assist us in pursuing this claim. You may contact us by e-mail, telephone, mail, courier, fax, etc.
Documents
Fresh As Amended Statement of Claim
CONTACT US
If you would like more information regarding this claim or wish to be added to our database of claimants, you may e-mail us at: cyates@shlaw.ca
You can contact us directly by telephone at Scarfone Hawkins LLP
at 905-523-1333.
You can contact us by fax at 905-523-5878.
Due to the volume of inquiries, please allow one week for a response.