Chatham-Kent council has voted to waive a $250,000 insurance deductible connected to the discontinued class action lawsuit stemming from the 2021 Wheatley explosion.
At Monday’s meeting, West Kent Coun. Melissa Harrigan entered a motion – with notice waived by a two-thirds vote – directing administration to advise the municipality’s insurers of the decision and to return with further information after discussions. The motion carried with council’s support.
The decision follows news that the class action lawsuit launched against the municipality and an industrial safety company has been dropped. A Windsor law firm representing plaintiffs previously said a class action may not be the preferred procedure to pursue compensation, citing substantial payments already made through government compensation programs, published reports stated.
While the municipality consented to the action being discontinued, court documents said the Municipality had also signaled plans to seek costs against the plaintiffs.
Dave Taylor, the director of legal services, clarified to council that the reference to the municipality in court documents as seeking legal costs was made by the insurer, not municipal staff or council.
“Chatham-Kent has recently been made aware of the discontinued class action lawsuit related to the Wheatley explosion,” Harrigan said.
“CK Council supports the residents, businesses, and community of Wheatley in their recovery.”
Harrigan added she and Council is expected to learn more about the issue in the future.
A case conference is scheduled for Sept. 18 to set a timetable for the motion to formally discontinue the lawsuit.
