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ARTICLE · 22 FEBRUARY 2012

Sydney Tar Ponds Class Action Certified

After eight years of legal wrangling, the Sydney Tar Ponds class action has finally been certified.

CanadaEnvironment

After eight years of legal wrangling, the Sydney Tar Ponds class action has finally been certified. However, the plaintiffs' chances of ultimate success will be significantly reduced if the Smith v. Inco decision stands.

Justice John Murphy certified the Sydney suit against the provincial and federal governments, for a class headed by representative plaintiffs — Neila MacQueen, Joe Petitpas, Ann Ross and Iris Crawford. The plaintiffs allege battery, strict liability and nuisance, trespass, negligence and breach of fiduciary duty. The class of property owners and occupants are seeking financial compensation for lost property value and a medical monitoring fund for contamination associated with the operation of the coke ovens and tar ponds between 1967-2000.

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