Focus on Environmental Law – November 2011


In This Issue:

- 1 Ontario Court of Appeal Dismisses $36 Million Environmental Class Action Award Against Inco

- 2 Contact Us

Excerpt From Ontario Court of Appeal Dismisses $36 Million Environmental Class Action Award Against Inco.

In a 3-0 decision, the Ontario Court of Appeal has reversed a $36 million trial award to members of an environmental class action. Thousands of Port Colborne, Ontario’s residents had sued Inco for property devaluation caused by soil contamination arising from 66 years of nickel refining emissions.

Smith v. Inco Ltd. (formerly Pearson v. Inco Ltd.) is notable as one of the first environmental class actions to go to a full trial on the common issues. The Ontario Court of Appeal decision makes it much more difficult to pursue claims of private nuisance and Rylands v. Fletcher strict liability and also clarifies the application of limitation periods for class actions.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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