As reported in our Environmental/Class Action Alert (July 2010), the Ontario Superior Court awarded $36 million in damages to approximately 7,000 property owners in Smith v. Inco, Canada's first environmental class action decision from a common law Province. This decision has now been appealed to the Ontario Court of Appeal. The appeal was heard on May 9 and 12, 2011, and the Court of Appeal has reserved its decision.
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