Legal Guide

To date, Canada has not seen large-scale environmental class actions, as found in the U.S., since the Canadian class action regime is more restrictive. Environmental class actions are available for claims involving a reduction in property values as a result of pollution, but currently are not available for health claims.

Provincial employment law in Canada is based on a workers’ compensation program under which workers can recover for their injuries from centrally administered funds, but are prevented from suing their employers for injuries or health problems sustained on the job. The funds can, in turn, commence subrogated claims in the names of the workers against the parties responsible for the injuries and health problems (as was done with asbestos claims).

While civil litigation involving land contamination, health effects from pollution, or other environmental damages is available, the use of punitive damages in Canada is more limited than in the U.S., and tort claims are often subject to court-imposed caps.