Alberta Judge Certifies Class-Action Lawsuit Against Exshaw Cement Plant Over Health and Property Damage Claims

The Alberta Court of King’s Bench has certified a class-action lawsuit against Amrize Canada Inc., allowing residents near the company’s cement plant in Exshaw to move forward with claims that emissions from the facility have harmed their health, damaged homes, and reduced their quality of life.

The legal action was launched on behalf of residents and property owners in the hamlets of Exshaw and Lac des Arcs, located east of Canmore in the Bow Valley.

Residents allege exposure to hazardous dust and excessive noise

According to court documents, plaintiffs claim the Exshaw facility—Canada’s largest cement plant—has emitted harmful fine dust and generated excessive noise, particularly after a major expansion in 2016.

The lawsuit alleges that residents were exposed to airborne materials including fly ash, limestone, gypsum, dolomite, shale, gravel, and Portland cement. Plaintiffs contend these emissions settled on homes and properties, causing physical damage and creating health concerns, including potential exposure to carcinogenic substances.

The representative plaintiff purchased a home approximately 500 metres from the plant in 2008 and alleges conditions worsened significantly after the expansion increased production capacity.

Judge rules case can proceed as class action

In a recent decision, Justice C.D. Simard ruled that the claims meet the requirements of Alberta’s Class Proceedings Act and can proceed as a class action. The court also certified claims seeking punitive damages.

The judge rejected arguments from Amrize that the matter should not be heard as a class action, concluding that a single coordinated proceeding is the most efficient way to resolve the claims.

Both sides have been ordered to submit a litigation plan within 45 days outlining how the case will move forward.

Up to 700 people may be included

Plaintiffs’ lawyer Adam Bordignon said the ruling represents a major milestone.

“Obtaining certification is a massive step forward,” Bordignon said, adding that the representative plaintiff and other class members were pleased with the outcome.

The certified class includes people who owned or lived on residential properties in Exshaw or Lac des Arcs between September 12, 2016, and the date of certification. This includes former residents who have since moved away.

Bordignon estimated the class may include approximately 700 individuals, although the total amount of damages being sought has not been disclosed.

Lawsuit filed in 2023

The original statement of claim was filed in December 2023. Residents alleged that “huge clouds of fine powder” regularly drifted from the plant and interfered with their ability to enjoy their homes and properties.

None of the allegations have been proven in court.

Company has not commented

Amrize Canada, formerly known as Lafarge Canada, did not respond to requests for comment following the certification decision.

The Exshaw cement plant has operated in the Bow Valley since 1906 and has supplied materials used in major construction projects across Alberta, including much of Calgary’s infrastructure.

Next steps

The certification decision does not determine liability or award damages. Instead, it allows the claims to proceed collectively through the courts.

Potential class members will now be notified, and the parties will begin preparing for the next phase of litigation.

The outcome of the case could have significant implications for industrial operations, environmental accountability, and residents’ rights in communities located near large manufacturing facilities in Alberta.

Courtesy: calgaryherald