Overview
This class proceeding arises out of alleged environmental contamination in Port Colborne, Ontario. Inco Ltd. operated a nickel refinery that emitted nickel into the environment over the course of 66 years of operation. It is alleged that the nickel contaminated properties in the Port Colborne area and that disclosures to the public of this contamination negatively effected property values, for which class members should be compensated.
The class of persons included in the action is detailed in the Certification Order, below. Generally, it is comprised of persons owning residential property in the Port Colborne area since September 20, 2000, when the disclosure of higher than expected levels of nickel contamination is alleged to have impacted real estate values in the Port Colborne area.
The trial of the common issues in this action commenced on October 13, 2009 in Welland, Ontario before the Honourable Mr. Justice Henderson and was completed 101 days later on January 21, 2010. By reasons dated July 6, 2010, the Honourable Mr. Justice Henderson granted judgment in favour of the class in the aggregate amount of $36,000,000.
Koskie Minsky LLP and Eric Gillespie represent the Plaintiff and the class in this action.
| July 6, 2010 | The Honourable Mr. Justice Henderson renders judgment in favour of the class members in the aggregate amount of $36,000,000. In making his decision, the Honourable Justice Henderson held that "the Plaintiff has proved on a balance of probabilities that the negative publicity and public disclosures from and after September 2000 significantly affected property values...". After reviewing all of the evidence presented during the trial, Justice Henderson ruled that the aggregate damage to the class was $36,000,000 which he allocated as follows: (i) $9,000,000 aggregate for the Rodney Street Area, (ii) $15,000,000 aggregate for the East Side Area, and (iii) $12,000,000 aggregate for the West Side Area.
A full copy of the trial decision can be found by accessing the documents tab to the right of this page.
Closing arguments in the trial were completed on January 20, 2010, 101 days after the commencement of the trial.
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