If you purchased and applied Behr Premium DeckOver to your deck or patio area and experienced premature peeling, cracking, bubbling, flaking, or separation, you may be entitled to a settlement distribution.
A national class action lawsuit (the "Class Action") was commenced in Ontario about Behr "DeckOver" Products, including Behr Premium DeckOver, Behr Premium DeckOver Textured, Behr Premium DeckOver Extra Textured, Behr Premium DeckOver Advanced Smooth, and Behr Premium DeckOver Advanced Textured or Extra Textured alleged to be sold, produced, or marketed by Behr Process Corporation, Behr Process Canada Ltd., Behr Paint Corp., Masco Corporation, The Home Depot, Inc., and Home Depot of Canada Inc. (the "Defendants").
The lawsuit alleges that the Defendants' claims that DeckOver could be applied to wooden, composite, and concrete surfaces as a durable and long-lasting alternative to paints and stains and was capable of extending the life of those surfaces were false. The Defendants deny these claims and do not agree that they are liable.
The parties have reached a settlement of the Class Action. Although the Defendants deny liability, they have agreed to pay $1.4 million to settle the claim against them in exchange for a full release. The Representative Plaintiff, the lawyers for the Class, and the Defendants believe that this is a fair settlement, taking into account all the strengths, weaknesses, and risks of the case.
The Settlement Agreement must be approved by the Ontario court. The court will review the Settlement Agreement to ensure that it is fair, reasonable, and in the best interests of the Class.
The Settlement Approval Hearing will take place at the Court House, 330 University, Toronto, Ontario, on November 19, 2026.
The full terms of the Settlement Agreement can be found here.
If the Settlement Agreement is approved, the money received, minus court-approved lawyers' fees, disbursements and taxes, will be available for compensation to Class Members who did not opt out.
If you opt out of the Class Action, you will not be entitled to make a claim or receive any money from the settlement.
Class Members are eligible to receive compensation for the cost of DeckOver as well as the cost of repairing damage.
You may be a member of the class if you are a person, corporation or other entity in Canada that:
| Opt out of the Settlement | If you wish to opt out of the proposed settlement, you must send a completed Opt-out form to the Claims Administrator. The Opt-out form can be found here. Your completed Opt-out form must be received by the Claims Administrator via email, fax, mail or courier no later than 11:59 PM Eastern Time on 14 October 2026 at: Epiq Class Action Services Canada Inc. |
| Object to the Settlement | If you wish to comment on or object to the Settlement Agreement, the plan for distributing money to the Class Members or the lawyers' fees, you must do so in writing in advance of the hearing by sending a letter or email to the lawyers working on the Class Action. The letter or email must be received by the lawyers by 12:00 P.M. (noon) on 14 October 2026 at: Howie, Sacks & Henry LLP Any objections will be given to the court. The official court reference for this lawsuit is: Mengual v Behr Process Corporation et al, Court File No. CV-18-596787-00CP. Please do not contact the Court. Class Counsel will answer your questions. |
| Do Nothing | Class Members who do not submit an opt-out request, are automatically included in the class action and no action is required at this time. If the proposed settlement receives court approval, a formal claims process will be initiated, and additional details will be provided at that stage. You will be bound by the results of the Class Action and you give up all your rights to sue any of the Defendants about the same issues. |
| We recommend you review the FAQ Page for further details about this class action. | |
Class Members who wish to opt out of the proposed settlement, must send a completed Opt-out form to the Claims Administrator.
Your completed Opt-out form must be received by the Claims Administrator via email, fax, mail or courier no later than 11:59 PM Eastern Time on 14 October 2026 at:
Epiq Class Action Services Canada Inc.
Attention: Behr Premium DeckOver Settlement
P.O. Box 507 STN B
Ottawa, ON K1P 5P6
Email: Exclusion@behrdeckoversettlement.ca
The Opt-out form can be found here.
Class members who wish to comment on or object to the Settlement Agreement must do so in writing in advance of the hearing by sending a letter or email to the lawyers working on the Class Action.
The letter or email must be received by the lawyers by 12:00 P.M. (noon) on 14 October 2026 at:
Howie, Sacks & Henry LLP
DeckOver Class Action
3500 – 20 Queen Street W
Toronto, BC M5V 0L6
Attn: Victoria Yang
Email: vyang@hshlawyers.com
All written objections will be submitted to the Court for consideration. The official court reference for this lawsuit is: Mengual v Behr Process Corporation et al, Court File No. CV-18-596787-00CP.