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Class action amendment to add punitive damages for PFAS contamination delay granted.
The plaintiffs in a certified class action brought a motion to amend their statement of claim and certification order to add a claim for punitive damages based on evidence discovered during the discovery process.
The claim alleged that the defendant knew or ought to have known of possible PFAS contamination of class members' drinking water by March 2013 but failed to disclose the contamination until December 2015.
The court found the proposed amendment was not plain and obvious to fail, as the failure to warn neighbouring residents of possible PFAS contamination of their drinking water could be found to offend the court's sense of decency.
The motion to amend was granted, Carleton University was removed as a defendant on consent, and the defendant's cross-motion was denied.
The plaintiffs' motion to amend a certification order to add punitive damages was adjourned pending a motion to amend pleadings.
The plaintiffs moved to amend the Certification Order to permit a claim for punitive damages in a class action concerning PFAS contamination allegedly caused by the National Research Council of Canada.
The court reviewed new evidence suggesting the NRC knew or ought to have known about the contamination earlier than previously established.
The court held that the plaintiffs must first bring a motion to amend their pleadings before the Certification Order could be amended, adjourning the motion to add punitive damages as a common issue until that time.
