1. This 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 class of people:
all persons who owned or had an interest in real property when RetroFoam was injected or installed and applied for a grant pursuant to the EcoEnergy Retrofit Initiative-Homes Program excluding the defendants, their subsidiaries, affiliates, shareholders, officers, directors, senior employees and their heirs, predecessors, successors and assigns.
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 action has been settled, subject to court approval. Click here to review the Settlement Agreement.
7. The settlement approval motion will be heard on Wednesday, August 12, 2015 at 10 a.m. Click here to review the Notice of Proposed Settlement. Click to review the Notice of Motion and the Affidavit of S. Alex Constantin, filed in support of the settlement approval motion.
8. On-line registration is no longer available. Class Members must register in the Settlement Registration System if the settlement is approved. Further details about the settlement and the process for submitting your claim for compensation through the Settlement Registration System will be sent out after August 12, 2015, following the motion for settlement approval.
9. Please continue to visit this website to receive the most up-to-date information about the settlement approval process.
10. If you would like to speak to someone about this lawsuit, please call Sutts, Strosberg LLP at 1.866.345.3151.
11. If you would like to know more about how a class action works, click here.