The Alberta Court of King's Bench has certified a class-action lawsuit against Lafarge Canada Inc., now known as Amrize Canada Inc., over allegations that emissions from its cement plant in Exshaw have exposed nearby residents to carcinogenic dust and excessive noise, among other claims.
Lawsuit Details
The lawsuit, brought on behalf of residents and property owners in the hamlets of Exshaw and Lac des Arcs, alleges emissions from the plant have damaged residents' homes and negatively affected their quality of life. The representative plaintiff purchased a home approximately 500 metres from the plant in 2008 and claims that since the facility expanded its capacity in 2016, it has emitted “huge quantities of harmful and destructive fine powder.”
Court Ruling
In a recent decision, Justice C.D. Simard ruled that the claims outlined in the lawsuit could proceed under Alberta's Class Proceedings Act. The court also certified claims seeking punitive damages. Adam Bordignon, the plaintiffs' lawyer, described certification as a major hurdle in advancing class-action lawsuits and called the ruling a significant win for class members.
“Obtaining certification is a massive step forward for this case,” Bordignon said. “It allows all of the class members' potential claims to be litigated under a single process, as opposed to fragmented individual claims or other less efficient procedures.”
Claims and Impact
The statement of claim, first filed in December 2023, states that “huge clouds of fine powder, including particles of bottom and fly ash, dolomite, granite, gravel, gypsum, limestone, Portland cement, sandstone and shale regularly leave the cement plant.” Neighbours claim the problems worsened after the plant's expansion in 2016, causing annoyance and health concerns for local residents.
Bordignon noted that the class could include around 700 people, though he did not provide an estimate for the amount of damages being sought. The certified class includes individuals who owned or lived on residential properties in Exshaw or Lac des Arcs between September 12, 2016, and the date of certification, including those who have since moved away.
“We believe strongly in the validity and the merits of the alleged claims, and this provides us with an opportunity now to establish those claims in court,” Bordignon added. “The representative plaintiff and class members are very pleased with the outcome.”
