A multi-million-dollar class action lawsuit in response to the Wheatley gas explosion is no longer moving forward.
Strosberg Sasso Sutts LLP (now Strosberg Wingfield Sasso LLP) launched the lawsuit against the Municipality of Chatham-Kent and HSE Integrated Ltd. on behalf of six Wheatley residents and businesses back in November 2022.
The lawsuit alleged that the explosion in downtown Wheatley on August 26, 2021, was the result of negligence on the part of the named defendants, resulting in injury, property damage, and business losses. The class action suit sought $100 million in compensation for the plaintiffs.
During case conferences with a presiding judge, the municipality’s defence lawyers argued that Wheatley residents had already been compensated through provincial compensation programs. According to information provided to the plaintiff’s law firm, 54 eligible residents or businesses have received a total of $8.65 million through the Wheatley Residents Assistance Program and Wheatley Business Recovery Grant Program.
As a result, Strosberg Sasso Sutts LLP conceded that a class action may not be the preferred procedure to claim compensation due to the substantial payments already made through government programs. The six Wheatley residents have since advised the law firm that they do not wish to continue with the lawsuit.
Other Wheatley residents who had previously reached out to the law firm were contacted to see whether any were willing to act as representatives for the class action. None came forward.
On August 11, the municipality’s lawyers advised the law firm that it consented to discontinuing the class action lawsuit, but that they intended to seek costs against the six plaintiffs. HSE Integrated Ltd., a health, safety and environmental company hired by the municipality, is not seeking costs.
A case conference has been scheduled for September 18 to discuss a timetable to discontinue the class action.
Chatham-Kent Council will discuss the lawsuit in closed session during Monday night’s council meeting.
