Mud Lake, NL Flooding Class Action

Chiasson v. Nalcor Energy et al
Newfoundland & Labrador Supreme Court File: 2017 7673 CP

On July 11, 2019, the Honourable Justice Gillian D. Butler released her decision certifying the lawsuit as a class proceeding. A copy of the decision may be found under the Court Documents tab.

Wagners have filed a proposed class action lawsuit in the Supreme Court of Newfoundland and Labrador, Trial Division, on November 23, 2017.

The class proceeding was filed on behalf of the Plaintiff against Nalcor Energy and the Province of Newfoundland and Labrador and seeks damages caused by rapidly rising water levels in the Churchill River and Mud Lake.

On the morning of May 17, 2017, a sudden rise in water levels led to flooding of properties located within the impacted areas of the Town of Mud Lake and Happy Valley.- Goose Bay. The sudden elevation of the water levels is attributed to the Muskrat Falls Generating Project which is located on the lower Churchill River, approximately 30 km west of Happy Valley-Goose Bay, Labrador.

The lawsuit alleges that the defendants were negligent in the design, engineering, planning, construction, commissioning, ownership, operation, maintenance, management of the generating project. The lawsuit also states that the Defendants failed to act responsibly to ensure that residents living in the affected areas were protected from property damage and other harm.

Updates & Latest Developments

Certification was granted on July 11, 2019. A notice plan to inform class members about certification and what it means will be implemented once the certification order has been issued by the court. Trial dates have not yet been set, but the parties are now in the process of preparing for a trial.