About the Hiram Walker Class Action

Residents in the area surrounding the Hiram Walker facility in Lakeshore have complained that a black, mold-like substance, has been accumulating in, on, and around their homes, properties, and possessions, resulting in a dirty and unsightly appearance, resulting in cleaning costs to these residents to clean and remove the accumulated substance. 

This black, mold-like substance is believed to be Baudoinia compniacensis, which is fungus that consumes ethanol as a food source, whose growth is accelerated by ethanol vapours, and is commonly known as the “whiskey fungus”.

Certification Endorsement

Statement of Claim

 

Updates Related to Class Action

May 2024:

On December 21, 2023, Justice Akbarali dismissed the class action for reasons outlined in the endorsement posted to this webpage. We are in the process of appealing this decision, with an appeal hearing scheduled for October 7, 2024. We will provide a further update following that hearing.

December 2023:

We write to provide you with a further update beyond the update provided in July 2023. On October 3, and 5, 2023, we argued our certification motion before Justice Akbarali. The Honourable Justice Akbarali reserved her decision on certification. Once the decision of the certification motion is available, we will provide you with a further update.

July 2023:

We write to provide you with a further update beyond the update provided in March 2023. We continue to work towards a certification motion, which will be held on September 27, 28, and 29, 2023. For your information, a certification motion is where the court allows us to proceed as a class action. To date, our certification materials have been delivered to opposing counsel, and cross examinations of both parties have been completed.

March 2023:

We write to provide you with a further update beyond the update provided in December. We continue to work towards a certification motion, which will be held on September 27, 28, and 29, 2023. For your information, a certification motion is where the court allows us to proceed as a class action.

September 2022:

We are in the process of completing our certification materials, which are due to be delivered to opposing counsel by September 30, 2022. We will be attending a case conference before the Honourable Justice Akbarali on October 14, 2022 for further direction.