Class action lawsuit -
Asbestos exposure in the Crane
Building (Montreal)
Our firm, MedLégal, represents various cases in health law. It is in this vein that we are involved in the authorized class action lawsuit against the owners of the Crane Building. As part of this mission, we are proud to act on behalf of the residents, users, and visitors of the Crane Building who were exposed to asbestos during improperly performed asbestos removal work.
We are pursuing this class action lawsuit to obtain justice, recognition, and compensation for all those affected.
Overview of the class action lawsuit
Last May, a class action lawsuit was filed against two owners of a building in Montreal. The lawsuit seeks compensation for all individuals who were exposed to asbestos during work carried out in the Crane building, located at 2240-2250 Pitt Street and 3800 Saint-Patrick Street. The plaintiff, Caroline Derosnay, was living in the building at the time of the work. Attorney Julia Garzon of MedLégal is representing Ms. Derosnay and the group of affected individuals.
The class action seeks to hold owners Mark and Phillip Kaufman, as well as the company 9875212 Canada Inc., liable for damages suffered by residents and users of the building. The objective is to have the asbestos exposure recognized and to obtain compensation for the psychological harm caused by the unsafe asbestos removal work.
Background: Unsafe work following a fire in 2014
On December 4, 2014, the Crane building suffered a fire. In the weeks that followed, owners Mark Kaufman and Philip Kaufman undertook major renovation work. Asbestos was found to be present. Rather than following regulatory procedures, the owners asked their employees to:
- remove asbestos-containing materials discreetly without notifying anyone;
- complete the work quickly;
- and do so even though the workers responsible for asbestos removal did not have the required training.
This work was carried out without communication or the implementation of protective measures, directly exposing the building’s occupants, visitors, and workers to serious risk.
It was not until November 2019, during a meeting with epidemiologist Norman King, that several occupants, including the plaintiff, learned about the nature of the work being done and the extent of possible asbestos exposure.
Defendants named in
the lawsuit
The class action lawsuit names two property owners, Mark Kaufman and Philip Kaufman, and the company 9875212 Canada Inc.
The application for authorization to institute a class action lawsuit was not granted against several public authorities in connection with their regulatory responsibilities during the construction period:
- City of Montreal
- Régie du bâtiment du Québec (RBQ)
- Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST)
- Commission de la construction du Québec (CCQ)
Definition of the authorized group
The Court authorized the class action for the following group:
«Any person residing in Quebec who, between December 23, 2014, and June 12,2015, was user, tenant, visitor, or client of the Crane building (Pitt Street or Saint-Patrick Street), and who was exposed to asbestos during non-compliant asbestos removal work, suffering psychological damage related to the fear or apprehension of such exposure.» (This excerpt has been translated from French by the author).
In other words, you may be part of the group if you meet each of the following criteria:
- you were residing in Quebec at the time;
- you were a tenant, occupant, visitor, customer, or any other user of the Crane building;
- you were present in the building between December 23, 2014, and June 12, 2015;
- you were exposed to asbestos during these non-compliant asbestos removal works;
- you are suffering or have suffered psychological damage (fears, apprehensions, anxiety, etc.) in connection with this exposure.
Ms. Caroline Derosnay has been appointed as the group’s representative.
Legal and factual issues to be decided collectively
The court will have to examine several points related to the obligations of the owners and the authorities involved. The issues to be dealt with collectively can be summarized as follows:
- Determine whether there was a breach of standards during the asbestos removal work carried out in the Crane building.
- Verify whether the defendants fulfilled their contractual or extra-contractual obligations to provide a safe environment for users and residents.
- Examine whether the rights to safety, security, and psychological integrity were violated.
- Assess whether the defendants deliberately failed to comply with the rules governing the disposal and handling of materials containing asbestos.
- Establish whether these breaches constitute civil liability.
- Determine whether the defendants can be held liable for psychological damages related to fears arising from asbestos exposure.
- Determine whether the circumstances justify the award of punitive damages.
- Assess the amount of individual damages for each member of the group.
Relief sought
The purpose of the action is to obtain several court orders. The relief sought can be summarized as follows:
- To have the court recognize that the plaintiff and the members of the class were exposed to asbestos during the work carried out in the Crane building.
- Order the owners and the company 9875212 Canada Inc. to compensate the members for psychological damages related to the fear of exposure.
- Impose punitive damages to sanction the seriousness of the breaches.
- Create a registry of persons exposed to asbestos in the Crane building.
- Authorize collective recovery of damages or, if not applicable, proceed individually.
- Provide for the distribution of the unclaimed balance among the members.
- Specify that all members will be bound by future judgments, unless excluded.
- Postpone the hearing on the notices of authorization, associated costs, and terms of exclusion.
- Confirm that the case will be heard on its merits in the judicial district of Montreal.
Do you think you are part of the group?
If you were a tenant, resident, visitor, or customer of the Crane building between December 23, 2014, and June 12, 2015, and believe you may have been exposed to asbestos, you may be part of the group targeted by this class action lawsuit. Even if you have not developed any visible symptoms, exposure to asbestos can have long-term consequences for your health and peace of mind.
We invite you to contact Julia Garzon, a health law and class action attorney at MedLegal, to verify your eligibility. Each member of the group could receive compensation for psychological damages and punitive damages related to the owners’ negligence, if the defendants are found liable. The process is governed by law and allows you to assert your rights collectively, without having to undertake a burdensome and costly individual action.
We are available to answer your questions and help you understand your rights.