Port of Quebec/ Red dust dispersal which occurred on October 26th 2012
The class action has ended, and a judgment pronouncing the closing of the file was rendered on March 23, 2021 by the Honourable Justice Ouellet. Altogether, over 4,500 members have received compensation.
On January 14, 2013, the plaintiffs filed an Application for Authorization to Institute a Class Action before the Quebec Superior Court in the district of Quebec. It was the first step to ensure that everyone who suffered damages and inconvenience due to the cloud of red dust emitted into the atmosphere on October 26, 2012 could receive compensation.
The application alleged that the defendants were negligent in the management of their equipment and that the class members suffered significant damages following the emission of a cloud of red dust containing significant concentrations of iron oxide into the atmosphere.
The class members sought a sum of $1000 for the harm and inconvenience linked to the dust following the incident on October 26, 2012. The plaintiffs and the class members who own property in the area also sought $2000 for the cleaning costs they were required to incur.
Following this particularly alarming incident, the plaintiffs in this class action—Véronique Lalande and Louise Duchesne—decided to institute a second class action regarding the abnormal inconveniences and difficulties caused by the activities of the Compagnie d’arrimage de Québec and the Quebec Port Authority. For information concerning this second class action, or to register as a class member, click here.
The class action was authorized on October 22, 2014, by the Honourable Justice Ouellet. Notices to members were published to inform them of the authorization in the newspapers Le Soleil and Le Journal du Québec.
Justice Ouellet granted the defendants permission to examine 12 members of the class. The examinations took place in September 2016. The plaintiffs filed their expert report on February 16, 2016. The defendants filed their defences and expert opinions on November 14, 2016.
On March 14, 2018, the Quebec Arrimage Company (St. Lawrence Stevedoring) made a court order to indemnify those who suffered damages caused by the red dust that had spread to Lower Quebec City in the month of October 2012.
Trudel Johnston & Lespérance has represented the members of the group in collaboration with the firm Jean-François Bertand Avocats inc.