The plaintiffs brought a motion to certify a class proceeding against the National Research Council of Canada (NRC) and Carleton University, alleging that PFAS contaminants from NRC's National Fire Laboratory migrated into the groundwater of adjacent properties.
The court certified the class action against NRC for claims in strict liability, nuisance, negligence, and statutory breaches, finding that the pleadings disclosed causes of action and that a class proceeding was the preferable procedure.
The court dismissed the claim for punitive damages against NRC and refused to certify the common issues against Carleton University due to a lack of evidence connecting its activities to the contamination.
