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Inco
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For more information contact Mr. Eric Gillespie at 416
703-5400. |
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Updated: November 21, 2007
Port Colborne Case Update
APPEALS UPDATE
Inco sought leave to appeal of the Court of Appeal's decision dated November 18,
2005, in February 2006. Leave to appeal to the Supreme Court of Canada was
denied in June 2006. The common issues trial is scheduled to take place in
September 2008, in Welland, Ontario. The parties are now getting ready for
trial, and examinations for discovery will begin in the spring of 2007.
By Order dated November 21, 2007, the Ontario Superior Court of Justice has
approved a timetable for the remaining steps in this lawsuit. To view the
Order, please
click here. To view a copy of all other posted court decisions, please
click here. To view a copy of court documents other than court
decisions, please click here.
BACKGROUND ON COURT DECISIONS
The case arises as a result of a report that was released by the Ontario
Ministry of the Environment in September 2000 stating that Inco had discharged
contaminants into the natural environment that posed a risk to the environment
and to human health for some of the residents of Port Colborne. The claim
alleges that the release of this report had a serious impact upon property
values in the Port Colborne area.
On July 15, 2002, Mr. Justice Nordheimers released his decision that the claim
did not disclose a reasonable cause of action against the defendant Region and
City. He went on to find that the proposed class was not appropriately
identified, that a class proceeding was not the preferable method for resolving
the common issues raised by the claim, and that the proposed representative
plaintiff was not adequate.
At the same time, the decision did not make any findings of fact as they
related to the merits of class members' claims. The decision was a procedural
ruling, and did not adjudicate on the substance of the allegations made
against the defendants to the action. The decision left residents free to
pursue individual actions against all or any of the defendants.
On February 6, 2004, the Divisional Court dismissed the June 23-25, 2003,
appeal which sought to set aside Mr. Justice Nordheimer's July 15, 2002, Order
and to obtain the Court's approval to certify this claim against Inco Limited
and the Ontario Government. Justices O'Driscoll, Then and Mackenzie unanimously
agreed with Mr. Justice Nordheimer that a class proceeding was not the
preferable method for resolving the common issues. The Divisional Court panel
also upheld the decision of Mr. Justice Nordheimer awarding substantial costs
to the defendants.
On September 23, 2004, Leave to Appeal from the Orders of the Divisional Court,
dated February 6, 2004, and July 19, 2004, was granted by the Ontario Court of
Appeal. The appeal was heard by the Ontario Court of Appeal on May 30, 2005.
On November 18, 2005, the Court of Appeal released their decision unanimously
reversing the Divisional Court's February 6, 2004 and Mr. Justice Nordheimer's
July 15, 2002, decisions and certified the action as a class proceeding. The
court stated that "environmental claims are well-suited to class proceedings"
because pollution rarely affects only one individual.
If you have any questions regarding this matter, please contact lead counsel,
Mr. Eric Gillespie of the law firm of Cunningham & Gillespie at 416
703-5400.
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