Class Action for Long-Term Environmental Harm Certified by Ontario Appeal Court Despite Substantial Individual Assessment Issues

On November 18, 2005, the Court of Appeal for Ontario certified a class action against Inco Ltd. in relation to alleged environmental damages caused by long-term emissions from a nickel refinery in the Port Colborne area. It is a watershed decision in that it is the first class action ever to be certified for long-term historic environmental harm in any province other than Quebec (up until now, Canadian common law courts had only been willing to certify environmental class actions arising from a one-time pollution event).

This decision underscores an evolving trend towards a more liberalized approach to certifying environmental class actions. The Court of Appeal was moved to overturn the lower court rulings of the motion judge and the Divisional Court not only because the plaintiff had significantly narrowed his claim to damages for the devaluation of