Glencore Canada Corporation obtains ruling, narrowing class period in connection with Horne Smelter Class Action
On September 30, 2025, Justice Daniel Dumais, j.c.s., authorized a class action against Glencore Canada Corporation ("Glencore") and the Attorney General of Quebec (AGQ), seeking compensatory damages for civil liability and neighborhood disturbances, as well as punitive damages and a permanent injunction. Despite the low threshold at the authorization stage, McCarthy Tétrault’s litigation team delivered a decisive procedural win by significantly narrowing the scope of the claim. In a rare move, the Court accepted the defendants’ argument to address the limitation period at the preliminary stage. The defendants successfully demonstrated that the plaintiffs had been aware of the alleged emissions and risks since at least 2019, relying on a robust factual record including a petition, social media activity, and participation in a biomonitoring study. As a result, the Court limited the claim for moral damages to the three years preceding the filing of the application, rather than nearly three decades. This strategic narrowing of the claim reduced the defendants’ potential exposure by billions of dollars.
Therefore, the Court restricted the group to individuals residing within a 10-kilometer radius of the smelter since October 23, 2020, who allege fear, anxiety, financial losses, or other inconveniences related to the alleged neighborhood disturbances. This outcome reflects the team’s strategic decisions and expertise in managing complex environmental litigation, mitigating reputational and financial risk, and protecting the long-term viability of a major industrial client.
Justice Dumais’ decision is challenged on appeal.
Glencore specializes in mining and recycling critical minerals like nickel, copper, zinc, cobalt, and coal across multiple industrial operations.
McCarthy Tétrault advised Glencore Canada Corporation with a team led by Michel Gagné that included Paul Blanchard, Sarah Woods, Maude St-Georges, Catherine Bélanger Pâquet, Laurence Angers-Routhier, Mathieu Bernier Trudeau, and Kevin Anglehart (Litigation).
