Nathan Joyal

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.

The plaintiff corporation sought leave under Rule 15.01(2) for its officers and directors to represent it in the action, and also sought to amend the statement of claim to properly name the Attorney General of Canada as the defendant.

The court denied leave for the corporation to be represented by non-lawyers, finding the supporting materials inadequate and the proposed representatives not capable of comprehending the legal issues.

The court ordered the statement of claim to be amended to correctly name the Attorney General of Canada as the defendant.