Sulphur Trioxide Chemical Release Class Action Lawsuit Settlement

UPDATE: Eligible Class Members must submit their claim and supporting evidence by May 16, 2021. Cheques will be sent after the end of the claim period.

A $1.6 million settlement was reached in the sulphur trioxide chemical release class action lawsuit Canada, between Zinc électrolytique du Canada ltée and lead plaintiff Jean-Luc Génier. On Aug. 18, 2020, the Quebec Superior Court approved the sulphur trioxide chemical release class action settlement.

In May 2020, Electrolytic Zinc agreed to pay $1.6 million to settle the near decade-long class action lawsuit. If you were affected by the sulphur trioxide release that occurred on Aug. 9, 2004 in Salaberry-de-Valleyfield, you may be eligible for compensation.

The class action lawsuit Canada alleges that at 9:30 p.m. on Aug. 9, 2004, Zinc électrolytique’s chemical plant in Salaberry-de-Valleyfield released sulfur trioxide into the air, causing “troubles and inconveniences” for the tens of thousands of individuals who were “on the path of that release.”

On the evening of Aug. 9, 2004, the defendant’s pump, used to deliver 98% concentrated sulphuric acid to the absorption tower, broke down. As a result, the sulphuric acid was evacuated through a chimney into the atmosphere.

Shortly after the breakdown, Jean-Luc, who was outside with friends and family at the time, saw a dense fog approaching. Soon, according to the sulphur trioxide chemical release class action lawsuit, the group found themselves surrounded by the dense chemical fog.

Jean-Luc began experiencing itchy skin, a burning sensation in his eyes and breathing difficulties.

An Environment Canada report shows that 10 tonnes of sulphur released directly into the atmosphere. This hazardous material turns into sulphuric acid particles when it comes into contact with air and can travel with the wind for hours.

Class Members experienced various air toxicity symptoms, including breathing difficulties, eye and throat irritation, asthma attacks, and skin rashes.

The sulphur trioxide chemical release class action lawsuit deplores Zinc électrolytique’s negligence on the night of the accident. Rather than shutting down the plant when the leak was detected, employees took about 20 minutes to try to repair the pump, according to the Environment Canada report.

“They gassed us,” Jean-Luc told reporters, “it isn’t true that big companies like that can just let a toxic leak go without warning anyone.”

The toxic cloud was carried by the breeze all the way to Montreal. Salaberry-de-Valleyfield, Saint-Timothée, Melocheville, L’Île-Perrot, Beaconsfield, Dorval, Lachine, Pierrefonds and Kirkland were all exposed to the toxic cloud.

The sulphur trioxide release settlement provides that Zinc électrolytique will pay $1.6 million, to be used to pay Class Members’ claims, class action lawyers’ fees and other incurred costs.

Zinc électrolytique du Canada agreed to settle the sulphur trioxide chemical release class action lawsuit amiably, and is not admitting liability.

The sulphur trioxide settlement agreement provides for three categories of compensation:

• Category A : a maximum of $1,000 for each Class Member who had to be hospitalized or consult a physician in connection with the sulphur trioxide release of Aug. 9, 2004, within 7 days of the event.
• Category B : a maximum of $200 for each Class Member who had an asthma attack on the evening of Aug. 9, 2004.
• Category C : a maximum of $100 for each Class Member who was in the Salaberry-de-Valleyfield, Saint-Timothée, Melocheville or Pointe-des-Cascades areas (as defined in the judgment authorizing the class action lawsuit) on the evening of Aug. 9, 2004 and who suffered symptoms other than an asthma attack.

Class Members who do not fall under the scope of above three categories will not receive individual compensation. However, the parties have agreed that $500,000 will be used to implement an environmental remedial scheme, the details of which will be approved in court at a later date.

The deadline to oppose the sulphur trioxide release settlement has already passed.

Top Class Actions will post the open settlement information and additional claim filing instructions once they become available. Click on the “Follow Article” at the top of this page to get the latest updates about the sulphur trioxide chemical release class action lawsuit settlement by using your free Top Class Actions account. For the latest updates, keep checking ca.TopClassActions.com or sign up for our free newsletter.

Who’s Eligible

Individuals who were in the geographic areas listed below on the evening of Aug. 9, 2004, and have suffered from eye, throat or airways irritation, breathing problems, skin rashes, cough or asthma attack, may be entitled to compensation from the sulphur trioxide chemical release class action settlement.

The municipality of Salaberry-de-Valleyfield:  at around 9:53 p.m.

• From number 900 to 1012 of boulevard Cadieux
• From number 500 to 900 of boulevard des Érables

The municipality of Saint-Timothy:  at around 10:17 p.m.

The entire zone delimited by the Fleuve Saint-Laurent to the north, the boulevard Hébert to the south and to the east of the 5ième Avenue. The entire zone delimited by the boulevard Hébert to the north and highway 30 to the south and to the east of street Denise.

The streets partly exposed within this zone are:

• The street des Lilas, from number 48 to 92
• The street Irène, from numbers 2 to 10 and the numbers above 38
• The street Denise, starting from number 2
• The 4e Street, starting from number 100
• The street St-Laurent, starting from number 206
• The boulevard Hébert, starting from number 5010
• Intersection of boulevard Pie XII and rang Sainte-Marie
• The numbers 2 to 418 of rang Sainte-Marie O.
• The numbers 2 to 400 of rang Sainte-Marie E.
• The numbers starting from number 2 of boulevard Pie XII
• All of highway 132 between Saint-Timothée and Melocheville

The municipality of Melocheville: at around 10:42 p.m.

The entire municipality of Melocheville

The municipality of Pointe-des-Cascades: at around 10:42 p.m.

• The route 338, from 1ière  Avenue to the street Meloche
• The chemin du Fleuve, the chemin Saint-Antoine and the street Centrale
• The chemin du Fleuve, the chemin du Canal and the street Centrale

The municipality of l’île-Perrot: at around 11:14 p.m.

• The entire area of Pointe-du-Moulin
• The entire area of Pointe-du-Domaine

The municipality of Notre-Dame-de-l’île-Perrot: at around 11:07 p.m.

The entire area to the east of street Pierre Ricard and street Renaud

The streets partly exposed within this area are :

• The boulevard Perrot, starting from number 3000
• The boulevard Don-Quichotte, starting from number 1000
• The street Pierre-Ricard, numbers 2 to 10
• The street Rollinet, numbers 2 to 40
• The street Roux, starting from number 2
• The boulevard Virginie-Roy, starting from number 1022
• The street des Roseaux, starting from number 12
• The boulevard Perrot, starting from number 1044

The town of Beaconsfield: at around 11:28 p.m.

The entire town of Beaconsfield

The town of Pointe-Claire: at around 11:40 p.m.

The entire town of Pointe-Claire

The town of Kirkland: at around 11:37 p.m.

The area between highways 20 and 40. The area located to the north of highway 40 and delimited to the west by the boulevard Saint-Charles, to the east by the street Acres, to the South by the highway 40 and to the north by the boulevard Méridian and the boulevard de Salaberry.

The streets partly exposed within this area are :

• The street Dufferin, starting from number 2
• The street Daudelin, numbers 2 to 26
• The boulevard Saint-Charles, starting from number 3300
• The boulevard Brunswick, starting from number 17000
• The street Grilli, from number 4 to number 14
• The street du Chamberlin, from number 36 to number 88
• The street Argyle, starting from number 146
• The boulevard Meridian, from number 68 to number 80
• The street de Berkshire from number 2 to number 10
• The street Acres, starting from number 100

The town of Dorval: at around 11:58 p.m.

The entire town of Dorval

Arrondissement de Lachine, at around 12:12 a.m., on Aug. 10

The entire area of the arrondissement of Lachine located between the town of Dorval to the west, the highway 20 to the north, the Lachine Canal to the east and the Fleuve St-Laurent to the south

The town of Dollard-des-Ormeaux: at around 11:58 p.m.

The zone delimited to the west by boulevard Saint-Jean, to the east by boulevard Sunnybrooke and to the north by the street Lake and the street Sunshine

The streets partly exposed within this area are :

• The boulevard Saint-Jean, starting from number 4032
• The street Lake, starting from number 5054
• The chemin Barnett, starting from number 4880
• The street Dauphin, from number 2 to number 122
• The street Browning, from number 10 to number 50
• The street Hemingway, from number 2 to number 88
• The street Martinique, from number 200 to number 242
• The street Tecumseh, from number 1178 to number 1184
• The street Lamont, from number 4 to number 34
• The street Schubert, from number 100 to number 168
• The street Chatillon, from number 52 to number 82 and from 108 à 128
• The street Treton, from number 2 to number 18
• The street Manuel, starting from number 126
• The street Roger-Pilon, starting from number 108
• The boulevard Westpark, starting from number 140
• The street Lesage, starting from number 8
• The street Birchview, starting from number 40
• The boulevard des Sources, starting from number 4416

Arrondissement Pierrefonds-Roxboro: at around 12:10 a.m., on Aug. 10

The area delimited to the west by boulevard des Sources, to the east by the Rivière des Prairies, to the north by the 9^ième Street and to the south by the Parc régional du Bois-de-Liesse

The streets partly exposed within this area are:

• The 19e Avenue, starting from number 10
• The 18e Avenue, starting from number 20
• The 17e Avenue, starting from number 42
• The 16e Avenue, from number 2 to number 12
• The 15e Avenue, starting from number 36
• The 10e Avenue, from number 2 to number 14
• The 13e Avenue, starting from number 24
• The 12e Avenue, starting from number 2
• The 11e Avenue, starting from number 20
• The 9e Avenue, starting from number 10
• The 4e Avenue S., starting from number 80
• The 3e Avenue S., starting from number 60
• The boulevard Gouin O., starting from number 10348
• The boulevard Lalande, starting from number 5100
• The street Saraguay E., starting from number 300

Arrondissement Saint-Laurent: at around 12:10 a.m., on Aug. 10

The entire area west of highway 13

Potential Award

Up to $1,000.

The settlement provides for three categories of compensation:

• Category A : a maximum of $1,000 for each Class Member who had to be hospitalized or consult a physician in connection with the sulphur trioxide release of Aug. 9, 2004, within 7 days of the event.
• Category B : a maximum of $200 for each Class Member who had an asthma attack on the evening of Aug. 9, 2004.
• Category C : a maximum of $100 for each Class Member who was in the Salaberry-de-Valleyfield, Saint-Timothée, Melocheville or Pointe-des-Cascades areas (as defined in the judgment authorizing the class action lawsuit) on the evening of Aug. 9, 2004 and who suffered symptoms other than an asthma attack.

Class Members who do not fall under the scope of above three categories will not receive individual compensation.

Proof of Purchase

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

UPDATE: 5/16/2021

Case Name

Jean-Luc Génier v. Zinc électrolytique du Canada ltée, Case No.500-06-000489-092, in the Superior Court of Québec, District of Montreal, Canada.

Final Hearing

8/18/2020

Settlement Website

tel.quebec

Claims Administrator

N/A

Class Counsel

Anne-Julie Asselin
Philippe Trudel
TRUDEL JOHNSTON & LESPÉRANCE

Defense Counsel

Guy Lemay
LAVERY DE BILLY

Michel Gagné
MCCARTHY TÉTRAULT S.E.N.C.R.L.

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