A class action lawsuit launched against the Municipality of Chatham-Kent and an industrial safety company following the Wheatley explosion in 2021 has been dropped.
A Windsor law firm said it is arguable that a class action may not be the preferred procedure to claim compensation because of the substantial payments made under the government compensation programs.
The Municipality of Chatham-Kent noted it would consent to discontinuing the action, but intended to seek costs against the Plaintiffs.
A case conference is set for September 18, 2025, to discuss a timetable for the motion to discontinue the action.
On November 18, 2022, Strosberg Sasso Sutts LLP (now Strosberg Wingfield Sasso LLP) commenced a proposed class action against The Corporation of the Municipality of Chatham-Kent and HSE Integrated Ltd. on behalf of Wheatley residents and businesses who suffered damages from the August 26, 2021, 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 as government compensation was provided through the Wheatley Residents Assistance Program and the Wheatley Business Recovery Grant Program. The total amounts paid to residents and businesses were not provided in the Statement of Defence.
In March 2025, counsel for the plaintiffs was advised that the total compensation paid out under the government compensation programs was $8.65 million, with $7.2 million paid out to 54 eligible applicants under one, and $1.45 million paid out to residents under the other.
"Due to the substantial payments made under the government compensation programs, it is arguable that a class action may not be the preferable procedure to claim compensation," the law firm stated.
The class action suit sought $100 million in compensation for the plaintiffs.
The issue will also be discussed in closed session at CK Council on Monday night.