Date Closed

December 21, 2023

Lead Office

Toronto

On December 21, 2023, the Ontario Superior Court of Justice declined to certify an action as a class proceeding finding there was “no basis in fact to conclude that the alleged common issues truly exist,” regarding allegations that property was damaged by mold due to whiskey fungus. The plaintiffs brought a proposed class action which alleged that whisky aging warehouses in Lakeshore, Ontario caused the growth of whiskey fungus, otherwise known as baudoinia compniacensis fungus, which caused damage to their properties on responsibility of the defendant. According to the defendant Corby Spirit and Wine Limited, it managed these warehouses from September 2006 to June 2020, which was a portion of the class period. The plaintiffs alleged that the defendant managed the warehouses since 1980, which was when residential development began around the warehouses. The warehouses occupy 500 acres of land. 

The motion was dismissed and the defendant was awarded costs of C$275,000, agreed upon by the parties. 

McCarthy Tétrault assisted Corby Spirits and Wine with a team led by Christopher Hubbard that included Dorothy Charach and Sharanya Thavakumaran (Litigation).