Asbestos Exposure Ontario: Understanding Your Legal Rights

Asbestos exposure remains a serious health concern across Ontario, particularly for those who worked in industrial or construction environments before asbestos was banned in Canada. Although the dangers of asbestos have been known for decades, many workers and their families continue to suffer from diseases caused by long-term exposure. Understanding how asbestos exposure occurs, what illnesses it causes, and what compensation options are available in Ontario can help affected individuals and families secure the justice they deserve.

How Asbestos Exposure Occurred in Ontario

Ontario’s industrial and construction history is deeply tied to asbestos use. For much of the 20th century, asbestos was valued for its insulation and fire-resistant properties and was used in thousands of products. Workers in industries such as steel, manufacturing, power generation, construction, and shipbuilding were among the most exposed. Common sites of asbestos exposure in Ontario include:

  • Stelco and Dofasco in Hamilton
  • Dow Chemical and Imperial Oil refineries in Sarnia
  • Dupont Chemical facilities
  • Paper mills and power plants across the province

Workers at these sites frequently handled asbestos-containing insulation, gaskets, cement, and machinery components without protective equipment. Over time, inhaling microscopic asbestos fibres caused serious diseases that can take decades to develop.

Even today, secondary asbestos exposure continues to affect families of industrial workers. Dust carried home on clothing or equipment has led to mesothelioma and lung cancer in spouses and children of those originally exposed.

Health Risks Associated with Asbestos

Asbestos exposure is the direct cause of several life-threatening conditions. The most common include:

  • Mesothelioma, an aggressive cancer of the lining of the lungs or abdomen
  • Lung cancer related to occupational asbestos exposure
  • Severe asbestosis, a scarring of lung tissue that impairs breathing
  • Colon and esophageal cancers, also linked to asbestos fibre inhalation or ingestion

Symptoms of asbestos-related illnesses may not appear until 20 to 50 years after exposure. This long latency period often makes it difficult for patients and families to identify the exact source of exposure without legal assistance.

How to Prove Asbestos Exposure in Ontario

For individuals diagnosed with mesothelioma or other asbestos-related diseases, proving exposure is essential to secure compensation. The most effective method is through a worker affidavit detailing the individual’s job history, worksites, and contact with asbestos products.

If the worker is deceased, family members can still file a claim by signing an affidavit confirming employment details and years of work. Miskin Law has assisted many families in Ontario by using evidence gathered from previous clients at the same worksites. For example, if a deceased worker was employed at Stelco or Dofasco, prior affidavits from other clients can be used to prove asbestos exposure at those sites.

In cases of secondary exposure, such as when a family member developed mesothelioma after inhaling asbestos dust brought home on clothing, secondary exposure claims can also be filed.

Asbestos Trust Claims vs. Lawsuits

It’s important to understand that there are no mesothelioma lawsuits in Canada. All compensation for asbestos-related diseases is pursued through asbestos trust claims. These trusts were established by bankrupt U.S. companies that manufactured asbestos products to compensate victims, including Canadians.

Ontario residents who worked with asbestos-containing materials, even decades ago, may be eligible to file claims through multiple U.S. trusts. Each trust has its own criteria, but most require:

  • A confirmed medical diagnosis of an asbestos-related disease
  • Evidence of asbestos exposure through employment or product use
  • Proof of residency or citizenship

In some cases, individuals who worked in the U.S. or for U.S.-based employers may qualify for additional compensation through U.S. co-counsel partnerships.

Typical Compensation Amounts for Ontario Claimants

Settlement amounts vary widely depending on available evidence and the claimant’s personal circumstances. Generally, individuals who are alive and can provide an affidavit about their work history receive higher compensation.

  • $600,000 to $1,000,000: Typical for living claimants who worked at major industrial sites with solid exposure evidence
  • $1,000,000+: Possible for younger clients, those with dependent children, or Johnson & Johnson talc-related claims
  • $20,000 minimum: For deceased clients with limited evidence or no co-worker verification

In cases with minimal proof, clients may also be referred to Ontario’s Workplace Safety and Insurance Board (WSIB) for potential additional benefits.

Limitation Periods and Wrongful Death Claims in Ontario

For Ontario residents, claims can generally be filed within three years of diagnosis. However, wrongful death claims have a limitation period of two years after death. Even if a patient survives beyond this period, families can still gather evidence to prepare for future filings.

Why Choose Miskin Law for Asbestos Claims

Miskin Law is Canada’s leading firm handling asbestos trust claims. The firm has helped hundreds of Ontario workers and families secure fair compensation for mesothelioma, lung cancer, and related diseases. Unlike other firms, Miskin Law has built a database of prior affidavits and exposure records from industrial sites across the province, which allows them to strengthen new claims quickly and effectively.

The firm works on a 1/3 contingency fee, with minimal disbursements, primarily for obtaining medical records. There are no upfront costs to clients.

Taking the First Step Toward Compensation

If you or a loved one has been diagnosed with mesothelioma or another asbestos-related illness, time is an important factor. Gathering evidence early ensures stronger claims and faster access to compensation. Contact Miskin Law today to learn whether you qualify for asbestos trust fund claims and how much you may be entitled to receive.

Contact Miskin Law to schedule a free consultation and learn more about asbestos exposure claims in Ontario.