1. This proposed class action claims damages arising from the installation of Retrofoam in certain residential properties in Ontario. For a list of the parties to this action, please click here.
2. The action is brought on behalf of the following proposed class:
all persons, except the defendants, their subsidiaries, affiliates, shareholders, officers, directors, senior employees and their heirs, predecessors, successors and assigns, who owned or had an interest in real property into which RetroFoam was injected or installed for the purposes of the EcoEnergy Program.
3. Under the EcoEnergy Program, a federal government program instituted by the Ministry of Natural Resources, the Minister licensed inspectors to perform energy audits on properties. If insulation was required, installed and certain conditions were met, a grant was given to the homeowner by the Minister. The claim alleges that some of these licensed inspectors recommended the use of RetroFoam to property owners.
4. On February 3, 2009, Health Canada announced that RetroFoam contains urea formaldehyde (“UFFI”) a substance which is banned in Canada under the Hazardous Products Act.
5. The claim alleges that a property containing RetroFoam, and thereby UFFI, is stigmatized, that the property value has been substantially reduced and that the property may not be capable of being mortgaged and/or sold.
6. This proposed class action seeks damages, including the cost of removal and replacement of the RetroFoam and the reduction in value of the property.
7. On March 15, 2010, the plaintiffs delivered their motion record in support of certification. Click here to review the notice of motion for certification and click here to review the affidavit of one of the proposed representative plaintiffs.
8. The Attorney General of Canada and the National Research Council of Canada delivered a motion to strike the plaintiffs' claim.
9. On June 7, 2010, Justice Patterson heard a motion to determine when the motion to strike will be heard. On June 14, 2010, Justice Patterson delivered reasons which stated that the motion to strike will be heard at the same time as the certification motion. As a result, the certification motion and the motion to strike will be heard together commencing on January 17, 2011, for five days, if necessary.
10. On-line registration is available at this site. Please register with us if RetroFoam was installed in your property. Please continue to visit this website to keep your registration information up-to-date.
11. If you would like to speak to someone about this lawsuit, please call Sutts, Strosberg LLP at 866.345.3151.
12. If you would like to know more about how a class action works, click here.
IMPORTANT NOTE
This website provides general information to potential class members in a class action concerning the product RetroFoam which was installed in certain properties in Ontario. The court will ultimately decide who will be included as a class member.
The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you a client of Sutts, Strosberg LLP.
The 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 potential class members with further information.
