Sunrise Propane explosion – landlords added to class action
Here’s an update on the Sunrise Propane explosion in Downsview, Ontario, and the gradual progress of the class action by the aggrieved neighbours. In July 2012, the Ontario’s Superior Court of Justice certified a class action against all proposed defendants except the Teskey defendants, whic…
View the post titled Sunrise Propane explosion – landlords added to class actionQuebec is still the place to be for environmental class actions
There continue to be more environmental class actions in Quebec than anywhere else in the country. Environmental Disasters Two new class actions were certified in Quebec last year arising from disastrous accidents: In Lessard c. Arcand, 2012 QCCS 275, a claim was certified for flooding damag…
View the post titled Quebec is still the place to be for environmental class actionsInco 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 noiseReceive Blog Posts
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