Inco awarded $1,766,000 in costs for contamination class action
Justice J. R. Henderson of the Ontario Superior Court has awarded Inco $1,766,000 in legal costs arising from the Smith v. Inco nickel contamination class action in Port Colborne, Ontario. This is less than a quarter of Inco’s actual legal costs, which exceeded $5,340,000 after certi…
View the post titled Inco awarded $1,766,000 in costs for contamination class actionSmith v. Inco: leave to appeal refused
The Supreme Court of Canada has refused Ellen Smith leave to appeal from the crushing dismissal of her class action against Inco. No reasons were given. Her lawyers now face a difficult hearing to determine how large a cheque they will have to write to Inco to pay for its legal costs, at tri…
View the post titled Smith v. Inco: leave to appeal refusedSydney Tar Ponds class action certified
After eight years of legal wrangling, the Sydney Tar Ponds class action has finally been certified. However, the plaintiffs’ chances of ultimate success will be significantly reduced if the Smith v. Inco decision stands.
View the post titled Sydney Tar Ponds class action certifiedSmith v Inco appeal application
Kirk Baert has kindly permitted us to post his Application to the Supreme Court of Canada for leave to appeal the Ontario Court of Appeal’s decision in Smith v. Inco. This was the first environmental contamination class action in Canada tried on its merits. The Appeal Court’s dec…
View the post titled Smith v Inco appeal applicationMore thinking about Smith v Inco
We continue to mull over Smith v. Inco, and the major implications that has for virtually all cases involving Rylands v. Fletcher, and for a significant number of nuisance cases. Watch our video on the case, made in cooperation with Nimonik. Then please let us know what you think.
View the post titled More thinking about Smith v IncoPort Colborne class action dismissed
Can neighbours sue for historic contamination? The leading Canadian case has been Pearson (later Smith) v. Inco, a class action by thousands of Port Colborne property owners against Inco, for alleged losses in property value due to nickel oxide that was legally deposited in the area during t…
View the post titled Port Colborne class action dismissedMacQueen v. Canada class action
The Nova Scotia Supreme Court has certified a massive class action by Sydney residents against the governments of Canada and Nova Scotia, relating to contamination from the notorious Sydney tar ponds, and the associated steel mill and coke ovens from the old Sydney Steel.
View the post titled MacQueen v. Canada class actionClass action certified for highway noise
"Collective action.. creates a just balance between the people who suffer the consequences of a violation and the offender, who often has much greater resources..."
View the post titled Class action certified for highway noiseUpset, concern and worry aren't enough
The Ontario Court of Appeal has agreed: upset, concern and worry aren’t enough to warrant compensation.
View the post titled Upset, concern and worry aren't enoughMacQueen/ Sydney tar ponds class action update
MacQueen v Nova Scotia, the Sydney Tar Ponds class action, is still mired in wrangling over the proper definition of the class. Last fall, the plaintiffs were hopeful that certification was just around the corner, and proposed a revised, narrower class definition for the court’s approv…
View the post titled MacQueen/ Sydney tar ponds class action updateReceive Blog Posts
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