Torbay residents file class-action suit against federal government over contaminated well water

For the last eight months, a Newfoundland family has been drinking bottled water after being informed the water from their well was contaminated with a toxic chemical. They're now leading a proposed class-action lawsuit taking aim at the federal government.

According to a statement filed by McInnes Cooper partner J. Alex Templeton last week with the Federal Court, the problem stretches from the early 1980s all the way to 2004, when firefighting training at St. John's International Airport used a foam that contained a toxic substances called perfluoroalkyl and polyfluoroalkyl (PFAS).

After training was discontinued, the lawsuit alleges Transport Canada's clean up didn't go far enough, and dozens of homes in southeast Torbay now have contaminated wells.

Eddie Sheerr, a meteorologist with NTV News, is the lead plaintiff alongside his wife. Sheerr said the threat to his family's well-being has been weighing on his mind for months.

"What's this going do to my wife's health? My health? My kids' health down the line? Is it safe to bathe in? Is it safe to, you know, brush our teeth with? If we've got to wash our food, is it safe for that?" Sheerr told Radio-Canada.

He also fears it could damage his property's value.

Since the spring, the Sheerrs have been drinking bottled water provided by Transport Canada. That began soon after they got the test results that their well was above the 30 nanograms per litre of PFAS permitted under Health Canada guidelines.

The class action lawsuit has not been certified and the allegations have not been tested in court. 

In an emailed statement to CBC News, Transport Canada said Wednesday it's aware of the proposed lawsuit but will not comment on the matter since it's before the courts.

Transport Canada said it will continue to work with local health authorities and support potentially affected residents and communities.

Threat of chemicals

According to the statement of claim, there are extensive health risks to PFAS exposure. They can include testicular cancer, kidney cancer, liver damage, autoimmune and endocrine disorders, preeclampsia, ulcerative colitis, thyroid disease and others.

"In my mind, it's extremely serious," said Sheerr. "We moved into this house in 2017. In the time since we've moved in here, we've made it a home and we have two girls." 

Sheerr said he has researched the dangers the chemical poses to humans and said that once its ingested, it accumulates in the body.

"These chemicals are forever," said Sheerr.

Questions for Transport Canada

In January, according to the statement of claim, Transport Canada started collecting water samples from wells in the impacted area, which included the Sheerrs' home. At the time, residents were told it was a precautionary measure, "as Health Canada was in the process of developing a new PFAS objective for drinking water."

The statement says Transport Canada did not disclose to the plaintiffs and the other participants of its knowledge of the presence and extent of PFAS detected in the groundwater in the monitoring wells between the contaminated site and the impacted area.

Transport Canada later held a meeting on Sept. 12, when residents were informed about the contamination.

"As a result of Transport Canada's actions and inaction, the plaintiffs and the proposed class members have suffered, and continue to suffer, interference with their use and enjoyment of their properties within the impacted area, diminution of value and marketability of their properties, as well as inconvenience, discomfort and distress," the statement of claim reads.

However, Sheerr says he doesn't know how long Transport Canada knew about the problem.

"It's an area they've been monitoring for years going back to, I think, the early 2000s. They tried to clean up the firefighting training area inside the bounds of the airport, which again, is their property," said Sheerr.

While they might have cleaned it up, he says they didn't remove it from the ground.

"It's 2024 now. I would say, you know, for at least 20 years they've known this could be a potential issue," Sheerr said.

The lawsuit alleges the federal government didn't properly clean up the site and also failed to warn residents about the presence of PFAS and health risks.

On Nov. 28, St. John's East MP Joanne Thompson issued a statement, telling Torbay residents that water testing would start "immediately."

"Following the testing, Torbay residents will be the first in the country to receive free in-home treatment systems to deal with any (PFAS) that are of concern," Thompson's statement reads.

Sheerr says he isn't satisfied with that.

"To me, it seems a bit disconnected," he said, adding that while he believed Thompson is doing her best to advocate for residents, he has been dealing with the issue for months.

Lawyer urges Transport Canada to act

Templeton said the presence of PFAS in water wells is causing a lot of distress.

"I'm hearing lots of stories of people with sleepless nights. It's really impacting their ability to deal with their homes," he said.

He said the focus of the class-action lawsuit is the possible impact to owned property.

Transport Canada has not filed a response in court.

Since filing the class action, Templeton says he hasn't heard from Transport Canada, but pointed to a disparity around who is provided bottled water.

For example, a household with a well that has tested for 30 nanograms per litre is supplied with free water, but a neighbour with less than that isn't getting the same deal.

He wants Transport Canada to tell residents in the impacted area to stop drinking the water and to supply them all with bottled water.

"And make the commitment that they will go and conduct testing on each of these drinking water wells so that they can start to understand exactly the extent to the nature of the problem."

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