A class action lawsuit against the Municipality of Chatham-Kent and an industrial safety company following the Wheatley explosion in 2021 has officially been discontinued by the Ontario Superior Court of Justice.
The judge ordered that the proposed $100 million class action lawsuit be permanently discontinued without legal costs to the plaintiffs after they made the request a few months ago.
However, the court added that if any individual or business affected by the blast in downtown Wheatley, other than the plaintiffs mentioned in the withdrawn lawsuit, wishes to commence an action for damages from the August 26, 2021, explosion, they must start the action on or before July 17, 2026.
The limitation period was suspended by the commencement of the proposed class action; as a result, there are 283 days remaining to proceed with an action for damages, meaning the limitation period will expire on July 17, 2026.
The lawsuit was launched on November 18, 2022, against the municipality and HSE Integrated Ltd. on behalf of Wheatley residents and businesses who suffered damages from the blast.
On September 6, 2023, Chatham-Kent delivered a Statement of Defence pleading, among other things, that a class action is not the preferred procedure to claim compensation, as government compensation was provided through the Wheatley Residents Assistance Program and the Wheatley Business Recovery Grant Program.
In March 2025, counsel for the plaintiffs was advised that the total compensation paid out under the government compensation programs was a total of $8.65 million. The compensation included $7.2 million paid out to 54 eligible applicants under one program, and $1.45 million paid out to residents under the other.
