A class action is a lawsuit filed by one person on behalf of a group of people with the same legal claims.
This class action lawsuit is about "DeckOver" products sold, produced and marketed by Behr Process Corporation, Behr Process Canada Ltd., Behr Paint Corp., Masco Corporation, The Home Deport, Inc., and Home Depot of Canada Inc. (the "Defendants"). "DeckOver" products include:
This 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 the surfaces were false. The Defendants deny these claims.
The Ontario Superior Court of Justice has certified this lawsuit as a class action for the purposes of settlement.
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 full terms of the Settlement Agreement can be found on the Documents page.
You may be a Settlement Class Member if you purchased DeckOver or had DeckOver applied to a surface that you own between March 1, 2013, and May 25, 2026.
You do not need to do anything to join the class action right now. If you are a Settlement Class Member, you are automatically part of the class.
Later on, if the Settlement Agreement is approved, you will need to take steps to make a claim. These steps will be posted on this website when the time comes.
If you do nothing and participate in the class action as a Settlement Class Member:
The settlement still needs to be approved by the court. If it is approved, Settlement Class Members will be eligible to receive compensation for the cost of DeckOver as well as the cost of repairing damage. The total amount of money you receive will be calculated by the Claims Administrator at a later stage.
There are two ways that compensation will be calculated:
DeckOver Reimbursement
If you purchased DeckOver and had it applied to a wooden, composite, or concrete surface that was damaged as a result, you are a "Refund Claimant" and will be entitled to:
If you are not able to show proof that you purchased DeckOver, but declare that you did, you will be entitled to $40.
Damaged Surface Reimbursement
If you had DeckOver applied to a wooden, composite, or concrete surface that you own and that surface was damages, you are a "Damages Claimant". Damages Claimants are entitled to a proportionate share of the remaining settlement money based on the size of their damaged surface. The amount you receive will also be based on whether you are able to show proof of damage, or if you can only declare that your surface was damaged. The weighting of damage will be:
For example, a Damages Claimant who is able to show proof of damage will be calculated as follows:
Total surface area x 0.60 = weighted surface area eligible for compensation
You may be both a Refund Claimant and a Damages Claimant.
The lawyers working on the class action are seeking court approval to have their legal fees and expenses paid out of the Settlement Amount. The lawyers are requesting 25% of the Settlement Amount, plus expenses and applicable taxes.
If the court approves the lawyers' fees, the fees will be taken out of the Settlement Amount before any money is distributed to the class. Individual Settlement Class Members will not have to pay any money out of pocket to pay the lawyers' fees.
No. If you do nothing and participate as a Settlement Class Member, you cannot sue the Defendants for these claims separately. You will be bound by the results in the class action.
If you want to preserve your right to take legal action individually, you can opt out of the class action.
You must take steps to exclude yourself. This is called "opting out".
If you opt out:
You must complete the opt out form, which can be found on the Documents page, and send it to the Claims Administrator on or before October 14, 2026.
You can send the opt out form by email, fax, mail or courier to the Claims Administrator at:
Epiq Class Action Services Canada, Inc.
Attention: Behr Premium DeckOver Settlement
P.O. Box 507 STN B
Ottawa, ON K1P 5P6
Fax: 1-866-262-0816
Email: Exclusion@behrdeckoversettlement.ca
If you miss the opt out deadline, you will be considered a Settlement Class Member.
You have two options.
First, you could choose to opt out of the class action and pursue your own claim. If you opt out, you will not be entitled to any money or compensation from the class action
Second, if you want to remain part of the class action but wish to comment on or object to the Settlement Agreement, you will have an opportunity to challenge the settlement at the hearing taking place at the Court House, 330 University, Toronto, Ontario on November 19, 2026.
The Settlement Agreement must be approved by the Ontario court. At the hearing on November 19, 2026 the court will review the Settlement Agreement to ensure that it is fair, reasonable, and in the best interests of the Settlement Class Members.
If you wish to comment on or object to the Settlement Agreement, the plan for distributing money to the Settlement 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 no later than October 14, 2026, at:
Mail:
Howie, Sacks & Henry LLP
DeckOver Class Action
3500 – 20 Queen Street W
Toronto, ON M5V 0L6
Attn: Victoria Yang
Email: vyang@hshlawyers.com
Phone: 416-361-7562
There is no exact timeline for when compensation will be paid out. You can check our website for updates.
You can reach out to the Claims Administrator at info@behrdeckoversettlement.ca or Class Counsel at vyang@hshlawyers.com if you have any further questions.
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.