Frequently Asked Questions (FAQ)
The event giving rise to the claims in this case was the overturning of a fuel tanker, which spilled its contents of Jet Fuel into Lemon Creek on July 26, 2013.
On April 16 and April 25, 2025, Justice Masuhara of the Supreme Court of British Columbia approved the settlement of the class actions arising from the Lemon Creek Fuel Spill on July 26, 2013 (the “Spill”). Specifically, the Property Class Action and Bodily Injury Class Action. Further, Justice Masuhara has appointed Verita Global as the Claims Administrator to distribute the settlement funds to class members.
If you fall within the definition of either the Property Class or the Bodily Injury Class you are entitled to make a claim.
The Property Class is defined as:
“All persons who owned, leased, rented, or occupied real property on July 26, 2013 within the Evacuation Zone (as defined in the Amended Notice of Civil Claim) except for the defendants and third parties.”
(For ease of reference, a diagram of the Evacuation Zone is appended to this form of Notice as Appendix “A”.)
The Bodily Injury Class is defined as:
“All persons who were present in the Evacuation Area at or after the time of the Spill and suffered personal injury where those personal injuries are claimed to have been associated with the Spill.”
If you owned or occupied more than one property within the Evacuation Zone, then you should submit a claim for each eligible property.
The Settlement Agreement provides for the payment of $4,525,061.67 (Canadian dollars) which will be used to pay Class Member compensation, Notice Expenses, Honorarium, the administration of the settlement, health care expenses incurred by the Provincial Health Insurers, and Class Counsel’s legal fees, disbursements, and applicable taxes. The amount that will be paid to eligible Class Members will be unknown until after the end of the Claims Period, and after all administration has been completed.
If you believe you are a Class Member, please complete the Claim Form on or before November 18, 2025. Alternatively, the Claim Form can be submitted by mail to the Claims Administrator on or before November 18, 2025. The Claim Form can be downloaded here or you can contact the Claims Administrator to send you the Claim Form at the details below:
Address:
Lemon Creek Claims Administrator
PO Box 3355
London, ON N6A 4K3
Attention: Lemon Creek Class Action Administrator
Email: [email protected]
RE: Lemon Creek Class Action Settlement
Telephone number: 1-833-419-5200
If you claim for the Property Class, you will need to submit proof that you owned, leased or occupied an address within the Evacuation Zone on July 26, 2013. These supporting documents can be, but are not limited to, a lease, a utility bill, a bill with the address above as a shipping address, proof of ownership, etc.
As part of the Property Class, you will also be prompted to disclose whether you evacuated and for how long you evacuated during the Fuel Spill. If you disclose your evacuation, you will need to supply evidence of this that can be, but are not limited to, a displacement bill, an affidavit, journal entries, etc.
The Bodily Injury Class will be prompted to disclose minor and major personal injuries sustained because of the Fuel Spill. The documentary evidence may be, but is not limited to, an affidavit or medical records detailing such Bodily Injury.
Additionally, you will have the opportunity to claim for special circumstances which all require their own type of evidence as shown below.
Personal Property Loss/Repair (Above 100$) of chattels, crops/garden damaged or destroyed as a result of the Spill, that have not otherwise been reimbursed by other means, for actual expenditure that exceeded $100.
Evacuation Costs (Above 100$) that incurred while the Evacuation Order was in effect, such as hotel or alternative accommodation receipts, gas receipts, travel receipts and food, that have not otherwise been reimbursed by other means, for actual expenditure that exceeded $100.
Healthcare Costs (Above 100$) will require receipts from therapy, counselling, doctors, specialists and health care providers (where such health care has been engaged for injury consequential to the Spill), that have not otherwise been reimbursed by other means, for actual expenditure that exceeded $100.
Personal Income Loss (Above 100$) impacted by the Spill in a direct way, and not otherwise compensated, such as by social assistance, unemployment insurance or other income replacement programs, you are entitled to make a claim for payment of lost wages and benefits, upon proof of employment, income and employment interruption or other such evidence satisfactory to the Claim Administrator, for actual loss that exceeded $100.
Business Income Loss (Above 100$) impacted by the Spill in a direct way, and that income was not protected by any other insurance or reimbursed by any other means, for actual loss that exceeded $100.
Diminution of Property Value will require you to show a proof of sale for your property within the Evacuation Zone within the 5 years following the Spill, (i.e. between July 26, 2013 and July 25, 2018).
An affidavit is a sworn statement put in writing confirmed by oath or affirmation, administered by a person who is authorized to do so, for use as evidence in court. When you use an affidavit, you claim that the information within the document is true and correct to the best of your knowledge.
If you are claiming online, you will receive a claim ID and confirmation that your claim was received within 24 hours of submitting your claim.
The Claims Administrator will review claims, make determinations in respect of entitlement to settlement benefits, and issue payments to Approved Claimants.
The Claims Administrator could request further information if there are deficiencies in your claim or if other information is required. If you do not provide the requested information, your claim might be rejected in whole or in part.
Once all claims are received and processed, decision notices will be sent to everyone who filed claims. Decision notices will be sent to the email or mailing address you provided on the claim form. If your address changes prior to receiving a decision notice, it is your responsibility to advise the Claims Administrator right away. The Claims Administrator’s decision is binding.
Distribution to Class Members shall be made from the Class Action Compensation Fund on a pro-rata basis. All Class Members' Claims will be adjudicated and finally determined, before any amounts for Damages are paid pursuant to the Settlement Agreement.
Distribution of payments to Class Members, other than the Honoraria, will not commence until after all Claims have been determined.
Accurate processing takes time. Depending on the number of claims filed, it could be up to one year after the claims deadline of November 18, 2025 before you receive compensation. Please check this website for regular updates.
The Opt Out Deadlines has passed (November 30, 2024 for the Property Class and December 16, 2024 for the Bodily Injury Class), and Class Members are no longer eligible to Opt Out of the Settlement.
If you do not wish to participate, you are not required to submit a Claim.
Class Members who did not Opt Out gave up the right to sue the Defendants about any of the claims resolved by this Settlement.
The lawyers for the Class Members are Rosenberg Law and Arsenault Aaron.
You do not need to pay any legal fees out of your own pocket.
Class Counsel has entered into agreements with Robert George Kirk and James Andrew Ross, the Representative Plaintiffs in the Actions, with respect to legal fees and disbursements. Court approved fees are deducted from Settlement Amount.
Members of the Class will not be personally liable to pay Class Counsel any legal fees or disbursements
Any determination by the Claims Administrator pursuant to the Notices and Claims Administration Procedures shall be final and only subject to judicial review by the Court.
You may telephone the Claims Administrator, Verita Global, at 1-833-419-5200 or revisit this website for further developments in the case.