The Ontario Court of Appeal has overturned the July 6, 2010 decision of the Honourable Mr. Justice Henderson in Smith v. Inco Ltd (2011 ONCA 628), setting aside the initial award of $36 million in damages. At trial, the claimants successfully argued that the value of their properties were diminished because of nickel contamination originating from Inco’s refinery in Port ...
In what could be a precedent-setting case, on November 18, 2005, Ontario's Court of Appeal certified a $750 million class-action suit alleging damages from environmental contamination caused by an Inco refinery in a southwestern Ontario community. Inco sought leave to appeal of the Court of Appeal's decision in February 2006. Leave to appeal to the Supreme Court of Canada ...
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Lawson Lundell's Environmental, Indigenous and Natural Resources Blog focuses on environmental, indigenous and natural resources law, as well as related litigation. Included are summaries of significant cases from Canadian appellate courts, changes in the legal framework governing resource development including energy and climate change policy, and key decisions from the more influential regulatory bodies in Canada.
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