Behr DeckOver Class Action
Reviewed by Marty Mikhail, lawyer licensed by the Law Society of OntarioLast verified How we verify
Status
Claims not yet openEstimated Payout
$40 or more per claimant
Approval hearing
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About this claim
If you bought Behr DeckOver in Canada and applied it (or paid to have it applied) to a wooden, composite, or concrete surface in Canada between March 1, 2013 and May 25, 2026, or you own a surface it was applied to, and that surface was damaged, you may be eligible for a cash payment if the court approves the settlement.
Who may be eligible
- You bought Behr DeckOver in Canada and applied it (or paid to have it applied), and you are a person, corporation, or other entity resident in Canada; or you own a property or surface that DeckOver was applied to.
- The DeckOver was applied to a wooden, composite, or concrete surface located in Canada.
- The DeckOver was applied between March 1, 2013 and May 25, 2026.
- The surface was damaged.
- You are not one of the Defendants (Behr, Masco, or Home Depot companies) or one of their subsidiaries, affiliates, or related entities or persons.
See the questions the eligibility checker asks
The checker asks these questions. Use the Check Eligibility button to answer them and see a result.
- Are you a person, corporation, or other entity resident in Canada?
- Did you buy Behr DeckOver in Canada and apply it (or pay to have it applied), or do you own a property or surface that DeckOver was applied to?DeckOver includes Behr Premium DeckOver and its Textured, Extra Textured, Advanced Smooth, and Advanced Textured or Extra Textured versions.
- Was the DeckOver applied to a wooden, composite, or concrete surface located in Canada?
- Was the DeckOver bought or applied between March 1, 2013 and May 25, 2026?
- Are you one of the Defendants (Behr, Masco, or Home Depot companies) or one of their subsidiaries, affiliates, or related entities or persons?
DeckOver Reimbursement
- Did you buy the DeckOver yourself?
- Was the surface the DeckOver was applied to damaged as a result?
Damaged Surface Reimbursement
- Do you own the surface that DeckOver was applied to?
- Was that surface damaged?
Read more
This class action was started in Ontario in 2018 over Behr DeckOver coating products, including Behr Premium DeckOver and its Textured, Extra Textured, Advanced Smooth, and Advanced Textured and Extra Textured versions. The lawsuit alleges that Behr, Masco, and Home Depot falsely claimed DeckOver could be used on wooden, composite, and concrete surfaces as a durable, long-lasting alternative to paints and stains that would extend the life of those surfaces. The companies deny the allegations and do not admit they did anything wrong.
The parties have agreed to settle the case for $1.4 million, and the Ontario Superior Court of Justice has certified the class action for settlement purposes only. The settlement still needs court approval at a hearing scheduled for November 19, 2026 in Toronto. If it is approved, the settlement money remaining after court-approved lawyers' fees, expenses, and taxes will be available to class members whose surfaces were damaged, for the cost of the DeckOver they bought and for the damage to those surfaces. The deadline to opt out of the class action or to object to the settlement is October 14, 2026.
Claim types
This case covers more than one type of claim. Each has its own payment, proof requirements, and eligibility. Review the type that applies to you.
DeckOver Reimbursement
For people who bought DeckOver and had it applied to a wooden, composite, or concrete surface that was damaged as a result (called Refund Claimants). It pays a set amount for each container bought, and a lower amount if you can only declare, without proof, that you bought it.
Payment: $40 for each small container (3.4L to 3.8L) and $200 for each large container (17L to 19L); $40 if you cannot show proof of purchase but declare that you bought DeckOver
Proof: Proof requirements to be determined
Who qualifies
- You bought DeckOver.
- The DeckOver was applied to a wooden, composite, or concrete surface that was damaged as a result.
Damaged Surface Reimbursement
For people who own a wooden, composite, or concrete surface that DeckOver was applied to and that was damaged (called Damages Claimants). They share the settlement money left after refund payments, based on the size of the damaged surface, with more weight given to claims backed by documented proof of damage. You can claim in both categories.
Payment: Proportionate share of the remaining settlement money based on the size of the damaged surface, weighted at 60% with documented proof of damage and 40% with attestation only
Proof: Proof requirements to be determined
Who qualifies
- You own the wooden, composite, or concrete surface that DeckOver was applied to.
- That surface was damaged.
Notice Administrator and Proposed Claims Administrator
- Epiq Class Action Services Canada, Inc. (Proposed)
- MailEpiq Class Action Services Canada, Inc., Attention: DeckOver Settlement, P.O Box 507 STN B, Ottawa, Ontario K1P 5P6
- Fax1-866-262-0816
- Email[email protected]
- Websitehttps://www.behrdeckoversettlement.ca
Class Counsel
- Howie, Sacks & Henry LLP · Primary contact
- MailHowie, Sacks & Henry LLP, DeckOver Class Action, 20 Queen Street West, Suite 3500, Toronto, ON M5H 3S8, Attn: Victoria Yang
- Email[email protected]
- Phone416-361-7562
- Camp Fiorante Matthews Mogerman LLP
- McKenzie Lake LLP
Class members can get free help with their claim from the administrator listed above.
Proposed Settlement Documents
Opting out
The deadline to opt out was and has passed. Opting out is no longer available. Class members who did not opt out remain in the class and are bound by the outcome.
Objecting
The deadline to object was and has passed. Objections can no longer be filed. The court considers the objections it received when deciding whether to approve the settlement.
Frequently Asked Questions
What stage is this settlement at?
The parties have agreed to a $1.4 million settlement, but it still needs court approval. The Ontario Superior Court of Justice has scheduled an approval hearing for November 19, 2026 at 10 a.m. at 330 University, Toronto. Claims cannot be filed until the settlement is approved.
Do I need to do anything now?
No, unless you want to opt out or object. If the settlement is approved, you will need to submit a claim form, which will be posted at https://www.behrdeckoversettlement.ca.
How much money could I receive?
If approved, Refund Claimants would receive $40 for each small container and $200 for each large container of DeckOver bought, or $40 without proof of purchase. Damages Claimants would share the remaining money based on the size of their damaged surface, with documented proof of damage weighted at 60% and attestation only at 40%. The lawyers are asking for 25% of the settlement amount plus expenses and taxes.
Can I opt out of the class action?
The deadline to opt out was October 14, 2026 and has passed. Opting out is no longer available. Class members who did not opt out remain in the class and are bound by the outcome.
Can I object to the settlement?
Yes. Send a letter or email to class counsel at [email protected] so it is received by 12:00 noon on October 14, 2026. Your objection will be given to the court before the approval hearing.
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