Lawsuit Launched Over Toxic Mould

By Harold Levy

Newmarket court officer claims occupants exposed York Region and the Ontario Realty Corp. knew the Newmarket courthouse contained toxic mould but failed to protect the occupants, a $50 million class action lawsuit alleges.

The suit was filed yesterday on behalf of Special Constable Paul Dumoulin, a court officer, and "all persons who, during the period 1979 to the present, were exposed to toxic moulds, harmful gases and substances while on the premises of the courthouse."

The lawsuit, which must be approved as a class action by the court, could include people who are not full-time employees and had no choice but to be in the courthouse, such as prisoners, jurors, witnesses and officers.

The plaintiffs are seeking $15 million for general damages, such as pain, suffering and loss of enjoyment of life, and $35 million for aggravated damages for alleged "high-handed, outrageous and reckless" conduct. Former attorney-general Jim Flaherty closed the Newmarket courthouse last June 30. Cases were transferred to other courthouses or processed in trailers in the parking lot.

A 12-page statement of claim says exposure to toxic mould can cause health consequences.

"To the knowledge of the defendants...numerous persons working in the courthouse began to suffer an unusual number of health complaints, including headaches, nausea, fatigue, dizziness, migraines, asthma, irritability, cancer and respiratory diseases," the claim says.

The statement of claim alleges that, when he was working at the courthouse between 1997 and 1999, Dumoulin was exposed to at least 17 toxic moulds and at least two harmful gases.

In an interview yesterday, Dumoulin, 54, said although his doctor proclaimed him in good health before he started working at the courthouse on Oct. 27. 1997, he began experiencing fatigue and flu-like symptoms within months. A CAT scan several months later produced results that "terribly worried" his doctor.

Dumoulin's lawyers said yesterday a laboratory in California has confirmed his blood, and that of an unspecified number of other court employees, has been infected by toxic mould.

The statement of claim contains unproven allegations that have not yet been tested in court. The defendants may file statements of defence within 20 days from the time the court papers have been served on them.

Other defendants named include Ellis Don Corp., the construction company that built the courthouse, Cole Sherman and Associates Ltd., mechanical engineers involved in the construction, Boigon Petroff Shepherd Architects Inc., successors of the architects who designed the courthouse, and ProFac Facility Management Services Inc., the company responsible for maintaining the courthouse.