Mesothelioma & Asbestos Lawyers in Canada
Helping Canadians Pursue Compensation Through U.S. Asbestos Trust Fund Claims
Canadians diagnosed with mesothelioma, asbestos-related lung cancer, or another serious asbestos-related disease may qualify for compensation through one or more U.S. asbestos trust funds.
With more than 40 years of combined experience handling U.S. asbestos litigation and asbestos trust fund claims, our mesothelioma and asbestos lawyers help patients and families investigate historical asbestos exposure, identify potentially applicable trust funds, collect supporting evidence, prepare claims and respond to trust administrators.
A recent diagnosis can leave patients and families trying to understand asbestos exposure that may have occurred 20 to 40 years ago. You do not need to know the exact asbestos product, manufacturer or jobsite before contacting our asbestos lawyers. We can begin with the information you have and determine what additional records or investigation may be required.
Free, confidential case review. No upfront legal fees. We handle the process for you.
Coordinated Canadian and U.S. Legal Support
Sotos Class Actions has partnered with the Schenk Law Firm and Alexeev Attorneys to provide coordinated Canadian and U.S. legal support. Together, the firms combine Canadian litigation experience with more than 40 years of U.S. asbestos litigation and asbestos trust fund experience, ensuring clients receive guidance in the appropriate jurisdiction.
Sotos represents clients throughout Canada outside Quebec. Alexeev Attorneys handles matters involving Quebec law and provides services in both French and English. The Schenk Law Firm brings more than 40 years of experience in U.S. asbestos litigation and asbestos trust fund claims.
Each firm operates within its own jurisdiction while coordinating the trust claim investigation and submission process. This allows Canadian medical, employment and asbestos exposure evidence to be collected and presented in a manner that addresses the requirements of the applicable U.S. asbestos trusts.
Mesothelioma Compensation Through U.S. Asbestos Trust Funds
Canada does not have an equivalent network of asbestos bankruptcy trust funds. However, Canadians diagnosed with mesothelioma and certain other asbestos-related diseases may qualify for compensation through trusts established in the U.S.
U.S. asbestos trust funds were created after asbestos manufacturers and related companies entered bankruptcy proceedings. As part of that process, assets were set aside to compensate eligible people harmed by asbestos-containing products, materials or equipment connected to those companies.
More than 60 U.S. asbestos trust funds remain active. The trusts were established with approximately US$30 billion in assets.
A Canadian claimant may qualify to submit claims to more than one asbestos trust fund. Eligibility is assessed separately under the requirements of each trust.
Eligibility may depend on:
- The claimant’s diagnosis
- Medical and pathology evidence
- Employment and occupational history
- The location and timing of asbestos exposure
- The products, equipment, worksites or activities involved
- The claimant’s connection to a company covered by the trust
- The trust’s medical, latency, exposure and filing requirements
- Whether the claim is submitted through expedited or individual review
- Whether the claimant has made previous asbestos trust claims
A diagnosis alone does not establish eligibility. The claimant must also provide credible evidence of qualifying asbestos exposure connected to the company that established the trust.
What Compensation May Be Available?
Compensation recovered through U.S. asbestos trust funds may help address losses associated with mesothelioma or another qualifying asbestos-related disease, including:
- Medical and treatment expenses
- Lost income or reduced earning capacity
- Pain and suffering
- Long-term care costs
- Estate or survivor claims
- Other losses recognized by the applicable trust
The amount available depends on the applicable trust, the claimant’s diagnosis, qualifying exposure evidence, the review process selected and the trust’s current payment percentage.
A claimant may qualify to file with several trusts, but the number of applicable trusts and the amount of compensation cannot be determined responsibly without reviewing the medical and exposure evidence.
Mesothelioma and Its Long Latency Period
Mesothelioma is an aggressive cancer caused primarily by asbestos exposure.
It most commonly affects the lining of the lungs, known as pleural mesothelioma. It may also affect the lining of the abdomen, heart or testicles.
Types of mesothelioma may include:
- Pleural mesothelioma
- Peritoneal mesothelioma
- Pericardial mesothelioma
- Testicular mesothelioma
Mesothelioma often develops 20 to 40 years after asbestos exposure and can develop even later. Many Canadians diagnosed today were exposed at jobsites, in industrial facilities, during military service or through asbestos-containing products decades ago.
A mesothelioma diagnosis is generally one of the most serious disease categories recognized by U.S. asbestos trusts. However, the claimant must still satisfy the medical, exposure and filing requirements of each applicable trust.
Understanding Asbestos Exposure
Asbestos is a naturally occurring fibrous mineral that was once widely used in Canada in construction, shipbuilding, manufacturing and heavy industry.
It was valued for its insulating, heat-resistant and fire-resistant properties. However, breathing airborne asbestos fibres can cause mesothelioma, lung cancer, asbestosis and other asbestos-related diseases.
Asbestos-related illnesses often develop decades after exposure. A person diagnosed today may have been exposed at work, during military service, through home renovations, from consumer or industrial products, or through asbestos fibres brought home by another family member.
Who May Have Been Exposed to Asbestos?
Asbestos was widely used throughout Canada during much of the twentieth century.
It was found in:
- Insulation
- Boilers and furnaces
- Pipes and pipe coverings
- Gaskets and packing materials
- Cement and concrete products
- Roofing and siding materials
- Ceiling and floor tiles
- Fireproofing products
- Automotive brakes and clutches
- Ships and naval equipment
- Industrial machinery
- Power-generation equipment
- Construction materials
- Protective clothing and equipment
Many Canadians diagnosed with mesothelioma or another asbestos-related disease today were exposed between the 1950s and 1990s.
Occupations Commonly Associated With Asbestos Exposure
People who worked in the following occupations may have encountered asbestos:
- Construction workers
- Demolition workers
- Pipefitters
- Plumbers
- Electricians
- Boilermakers
- Shipyard workers
- Dry-dock workers
- Industrial insulators
- Heating, ventilation and air-conditioning technicians
- Mechanics and automotive workers
- Railway workers
- Factory and mill workers
- Steel plant workers
- Refinery workers
- Oil and gas workers
- Miners and milling workers
- Power plant workers
- Canadian Armed Forces members and veterans
A person may still have been exposed even if their occupation is not listed.
Exposure may have occurred through construction materials, industrial equipment, military service, renovations, consumer products or work performed nearby by another trade.
Secondary Asbestos Exposure
Family members may have been exposed when asbestos fibres were carried home on a worker’s clothing, footwear, hair, tools or equipment.
This is commonly referred to as secondary, household or take-home exposure.
A secondary-exposure claim may require evidence about:
- The worker’s occupation and asbestos exposure
- The relationship between the worker and the affected family member
- Whether work clothing or equipment was brought into the home
- The nature, frequency and duration of the contact
- The affected person’s diagnosis and medical history
Canadian Areas Associated With Historical Asbestos Exposure
Asbestos exposure occurred throughout Canada, particularly in regions with mining, shipbuilding, construction, manufacturing, refining, power generation and military activity.
Quebec
- Thetford Mines
- Black Lake
- Val-des-Sources, formerly Asbestos
- Chaudière-Appalaches
- Estrie
- Areas associated with the former Jeffrey Mine
Ontario
- Sarnia Chemical Valley
- Hamilton steelworks
- Windsor and Essex County manufacturing plants
- Lambton County industrial facilities
British Columbia
- Vancouver Shipyards
- Esquimalt Dockyard
- Cassiar Mine
- Greater Victoria
- North Shore shipyards
Nova Scotia
- Halifax Shipyard
- CFB Halifax
- Maritime dockyards and ship-repair facilities
Alberta
- Fort McMurray oil sands
- Calgary construction sector
- Edmonton construction and industrial sectors
New Brunswick
- Saint John industrial facilities
- Shipbuilding and ship-repair facilities
Newfoundland and Labrador
- St. John’s offshore industries
- Marine and ship-repair facilities
Exposure in one of these areas does not automatically establish a claim. Exposure elsewhere may also qualify.
The legal assessment must connect the claimant’s diagnosis and exposure history to a company, product, operation or activity covered by an asbestos trust or another potential claim.
About Our Canadian and U.S. Asbestos Legal Team
Sotos Class Actions
Sotos Class Actions is one of Canada’s leading class action and plaintiff-side litigation firms with experience representing individuals in complex claims against corporations and powerful institutions.
The Schenk Law Firm
The Schenk Law Firm is a U.S. law firm focused on asbestos and mesothelioma litigation. Led by Fred Schenk, a nationally recognized trial lawyer with more than four decades of experience, the firm has helped families recover compensation from nearly every major U.S. asbestos trust fund.
Alexeev Attorneys
Alexeev Attorneys is a Montreal-based boutique litigation firm focused on complex litigation, dispute resolution and class actions. The firm represents clients in matters involving Quebec law and provides legal services in both French and English.
The Advantage of a Coordinated Cross-Border Legal Team
Canadian medical, employment and exposure evidence must be collected and presented in a way that addresses the requirements of individual U.S. asbestos trusts.
A claim may require consideration of:
- Canadian medical and employment records
- Provincial workers’ compensation rules
- Quebec civil-law requirements
- Estate and representative authority
- Civil claims against operating companies
- U.S. bankruptcy trust requirements
- Trust releases and payment percentages
- Previous asbestos claims or settlements
- Disclosure, consistency and set-off issues
- Cross-border handling of personal information
Our coordinated legal team assesses these issues before claims are filed.
This helps the team identify available sources of compensation while reducing the risk of:
- Filing inconsistent medical or exposure information
- Overlooking a potentially applicable trust
- Missing a civil or workers’ compensation issue
- Signing a release without understanding its effect
- Filing through the wrong legal or procedural channel
- Creating avoidable problems for another existing or future claim
Each firm remains responsible for work performed within its jurisdiction, but the firms coordinate the investigation and claims strategy so that the client does not have to navigate the Canadian, Quebec and U.S. systems alone.
How Our Mesothelioma and Asbestos Lawyers Help
Our Five-Step Claims Process
1. Free Eligibility Review
We begin by discussing:
- The diagnosis and date of diagnosis
- Available medical or pathology reports
- Employment and work history
- Known or suspected asbestos exposure
- Province of residence
- Locations where the claimant lived or worked
- Military, industrial or secondary exposure
- Whether the affected person is living or deceased
- Previous asbestos trust claims
- Previous asbestos settlements or recoveries
- Any filing deadlines that may require prompt attention
The initial review is free and confidential. There is no obligation to retain the firms.
2. Medical and Exposure Investigation
If the matter proceeds, we work to reconstruct the claimant’s medical, employment and asbestos exposure history.
Depending on the circumstances, the investigation may include:
- Collecting medical, pathology and diagnostic records
- Obtaining employment, union, pension or tax records
- Reviewing military or social-insurance records
- Researching historical jobsites and employers
- Reviewing product, equipment or purchasing information
- Interviewing the claimant, family members or former co-workers
- Obtaining sworn statements where appropriate
- Reviewing previous testimony or asbestos claim records
- Investigating secondary or take-home exposure
Missing documents should not prevent a patient or family from requesting an initial assessment.
3. Asbestos Trust Identification
We compare the claimant’s diagnosis and exposure history with the medical and exposure requirements of active U.S. asbestos trust funds.
We assess:
- Which trusts may apply
- Whether more than one trust claim may be available
- What medical evidence each trust requires
- What exposure evidence each trust requires
- Whether expedited or individual review may be appropriate
- Whether estate or representative documents are required
- Whether previous trust submissions affect the claim
- Whether any trust-specific deadline may apply
Not every claimant will qualify for every trust. We identify and pursue only the U.S. asbestos trust fund claims that may be supported by the available evidence.
4. Claim Preparation and Submission
We prepare the required trust claim forms, medical evidence, exposure evidence and supporting documentation.
After submission, we monitor the claims and respond to requests from trust administrators for clarification or additional records.
Most asbestos trust fund claims are handled through administrative procedures and do not require the claimant to appear in court.
No claim will be submitted without the client’s authorization.
5. Offer, Release and Payment Guidance
If an asbestos trust makes an offer, we explain:
- The proposed payment
- The disease category assigned by the trust
- The trust’s scheduled value
- The trust’s current payment percentage
- The review process used
- Any release the claimant must sign
- Legal fees, taxes and applicable disbursements
- Any request for further information
- The next steps required before payment
The client decides whether to accept an offer. No offer will be accepted without the client’s instructions.
Payment is generally issued only after the required release has been signed and accepted by the trust.
Three Trusted Firms, One Contingency Fee Arrangement
There are no upfront legal fees.
Our standard contingency fee is 30% of compensation recovered, plus applicable taxes. You do not pay legal fees unless compensation is recovered.
When you work with our team, you receive the combined experience of three leading law firms under a single contingency fee arrangement.
We Handle the Legal Work, Start to Finish
From reconstructing your work history to filing claims with the applicable U.S. asbestos trust funds, we handle every step of the process.
What Happens When You Contact Us?
A member of our asbestos claims team will respond to your inquiry and arrange an initial confidential conversation.
The first discussion generally covers the diagnosis, work history, possible exposure, province of residence, previous claims and any applicable deadlines.
You do not need to have complete records before contacting us.
Helpful information may include:
- A pathology or medical report
- A list of employers and worksites
- Approximate dates of employment
- A description of job duties
- Union, military or pension records
- Workers’ compensation documents
- Information about previous claims or settlements
- Estate documents if the affected person has died
Missing documents should not prevent you from requesting an assessment.
If the matter is accepted, we will:
- Explain which firm or lawyer will be responsible
- Provide a written retainer agreement
- Explain the contingency fee and any potential disbursements
- Request authorizations to obtain relevant records
- Begin the medical, employment and exposure investigation
Contacting us does not create an obligation to retain the firms, and submitting an inquiry does not guarantee that a claim will be accepted.
Frequently Asked Questions About Mesothelioma and Asbestos Trust Fund Claims
Can Canadians receive mesothelioma compensation through U.S. asbestos trust funds?
Yes. Canadians diagnosed with mesothelioma may qualify for compensation from one or more U.S. asbestos trust funds.
Eligibility generally depends on the diagnosis, medical records, employment and exposure history, and evidence connecting the exposure to a company, product, worksite or activity covered by the trust.
Canadian citizenship or residence does not, by itself, prevent a person from qualifying.
How do I know whether I have a mesothelioma trust fund claim?
A mesothelioma trust claim assessment considers:
- The type of mesothelioma
- Medical and pathology evidence
- Employment and occupational history
- Locations and dates of possible exposure
- Products or equipment used
- Work performed by the claimant or nearby workers
- Evidence connecting the exposure to a company covered by a trust
- Applicable trust filing requirements and deadlines
The first step is an assessment of the information currently available. Complete employment or product records are not required before contacting our mesothelioma lawyers.
Can asbestos-related lung cancer qualify for a trust fund claim?
Possibly.
Each trust has its own medical and exposure requirements for lung cancer claims.
A claimant may need to establish:
- A diagnosis of primary lung cancer
- The required latency period
- Significant occupational or other asbestos exposure
- A connection to a company or product covered by the trust
- An underlying asbestos-related condition, where required
- Any other trust-specific medical criteria
A lung cancer diagnosis alone does not establish eligibility.
Which other asbestos-related diseases may qualify?
Depending on the trust, qualifying diseases may include:
- Severe asbestosis
- Certain other forms of asbestosis
- Bilateral asbestos-related pleural disease
- Certain laryngeal, ovarian, colorectal, esophageal, pharyngeal or stomach cancers
- Other conditions recognized by a particular trust
The medical and exposure criteria vary among trusts.
Do I have to know which asbestos product caused the exposure?
Not before contacting us.
Many people were exposed decades ago and do not remember the exact product name or manufacturer.
The investigation may begin with the claimant’s employers, occupations, jobsites, duties, dates, equipment and nearby trades. Historical product information, corporate records, employment documents and witness statements may then help identify potentially applicable trusts.
Ultimately, a trust claim must contain credible evidence connecting the exposure to a company, product, operation or activity covered by that trust.
What exposure evidence might be required?
Depending on the trust and circumstances, supporting evidence may include:
- Employment records
- Union or pension records
- Tax or social-insurance records
- Military records
- Jobsite or construction records
- Maintenance and purchasing records
- Invoices or product documents
- Equipment information
- A detailed work and exposure history
- Statements from former co-workers or family members
- Previous testimony or claim documents
- Medical records confirming the diagnosis
Our legal team determines which evidence is relevant and reasonably available.
Can secondary asbestos exposure qualify?
Possibly.
Secondary exposure may occur when asbestos fibres are carried home on a worker’s clothing, shoes, hair, tools or equipment.
A trust may require evidence concerning:
- The worker’s occupational asbestos exposure
- The worker’s connection to a company covered by the trust
- The relationship between the worker and the claimant
- The claimant’s contact with contaminated clothing or equipment
- The frequency and duration of that contact
- The claimant’s medical diagnosis
Each trust applies its own eligibility requirements.
Can a family file a claim after someone has died?
In many cases, yes.
A mesothelioma asbestos trust claim may be started or continued by the deceased person’s legally authorized estate or personal representative.
A spouse, child or other relative is not necessarily authorized to sign claim documents solely because of the family relationship.
The trust may require a death certificate, will, certificate of appointment, grant of probate, letters of administration or another document establishing authority.
Medical and exposure evidence will still be required.
Do I have to sue or go to court?
Asbestos trust fund claims are generally handled through administrative procedures established by the trusts.
Most trust claims do not require a lawsuit, trial or court appearance.
This service concerns claims submitted to U.S. asbestos trust funds. It does not include representation in a civil lawsuit unless expressly agreed in a separate written retainer.
Do I need an asbestos lawyer to submit a trust claim?
A claimant may technically submit certain trust claims without a lawyer, but the process can be complex.
Each trust has different:
- Medical requirements
- Exposure standards
- Filing deadlines
- Supporting-document requirements
- Review options
- Scheduled values
- Payment percentages
- Release terms
An incomplete or inconsistent submission may result in delay, denial or a reduced recovery.
An asbestos lawyer can identify potentially applicable trusts, organize the supporting evidence, prepare the submissions and respond to requests from trust administrators.
How long does an asbestos trust fund claim take?
Many asbestos trust claims are resolved within approximately 6 to 12 months, but timelines vary.
A claim may take longer because of:
- Missing medical or employment records
- Disputed exposure evidence
- Requests for additional information
- Individual review
- Estate issues
- Multiple trust filings
- Changes in a trust’s administration or payment process
No specific timeline can be guaranteed.
What if the asbestos exposure happened decades ago?
Historical exposure is common in mesothelioma and asbestos trust fund claims.
Mesothelioma and other asbestos-related diseases may develop decades after the original exposure.
Our legal team investigates historical employment, military service, jobsites, products and work practices using available records and witness evidence.
The passage of time can make an investigation more difficult, but it does not automatically prevent a claim.
How much compensation could I receive?
Compensation varies significantly.
The amount may depend on:
- The diagnosis
- The applicable asbestos trust
- The trust’s scheduled value
- The available exposure evidence
- The review process
- The trust’s current payment percentage
- The number of applicable trusts
- Previous claims or recoveries
A claimant may qualify for more than one asbestos trust fund, but no compensation amount can be estimated responsibly without reviewing the evidence.
What is an asbestos trust payment percentage?
Many asbestos trusts pay only a percentage of the value assigned to an approved claim.
For example, a trust may assign a scheduled value to a mesothelioma claim but pay only its current percentage of that value.
Payment percentages are intended to preserve trust assets for present and future claimants and may change over time.
We explain the applicable payment percentage before the client decides whether to accept an offer.
Can a trust claim affect an existing lawsuit or workers’ compensation claim?
Potentially.
Trust submissions may contain certified or sworn medical and exposure information. Clients should disclose all previous or current asbestos claims, lawsuits, settlements and workers’ compensation matters so that the trust submission can be prepared consistently.
Our representation under this service is limited to eligible U.S. asbestos trust fund claims. We do not provide advice or representation concerning a lawsuit, workers’ compensation matter or other legal proceeding unless that service is expressly included in a separate written retainer agreement.
What will the legal services cost?
There are no upfront legal fees.
Our standard contingency fee is 30% of compensation recovered, plus applicable taxes.
The written retainer agreement will explain the fee, the participating firms, the services included and responsibility for any disbursements.
Certain asbestos trust rules may impose different fee limits.
You do not pay legal fees unless compensation is recovered.
What should I have ready for the initial consultation?
You may contact us even if you do not have complete records.
Helpful information includes:
- The diagnosis and date of diagnosis
- Names of employers
- Job titles and duties
- Approximate employment dates
- Locations where the claimant worked
- Military history
- Known asbestos products or equipment
- Names of former co-workers
- Previous asbestos trust claims
- Estate documents, if applicable
The legal team will explain what additional information may be required after the initial review.
How is personal medical and employment information protected?
The participating law firms are subject to professional confidentiality obligations and applicable privacy laws.
Resources
- Government of Canada: Asbestos and Your Health
- Government of Canada: Asbestos
- Canadian Centre for Occupational Health and Safety: Asbestos Health Effects
- Canadian Cancer Society: Asbestos
- Canadian Cancer Society: Mesothelioma
- Canadian Cancer Society: Supportive Care for Mesothelioma
- Canadian Lung Association: Asbestosis
- Occupational Cancer Research Centre
- Canadian Mesothelioma Foundation
Free Mesothelioma and Asbestos Trust Fund Case Review
If you or a loved one has been diagnosed with mesothelioma, asbestos-related lung cancer or another serious asbestos-related disease, speak with an experienced asbestos lawyer to learn whether you may qualify for compensation through one or more U.S. asbestos trust funds.
Contact us today for a free, confidential case review.
