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ARTICLE · 26 SEPTEMBER 2012

Inco Awarded $1,766,000 In Costs For Contamination Class Action

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Justice J. R. Henderson of the Ontario Superior Court has awarded Inco $1,766,000 in legal costs arising from the Smith v. Inco nickel contamination class action in Port Colborne, Ontario.

CanadaLitigation, Mediation & Arbitration
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Justice J. R. Henderson of the Ontario Superior Court has awarded Inco $1,766,000 in legal costs arising from the Smith v. Inco nickel contamination class action  in  Port Colborne, Ontario. This is less than a quarter of Inco's actual legal costs, which exceeded $5,340,000 after certification.

"[1] This is my decision with respect to the costs of this proceeding from January 19, 2006, the date of the certification of this action as a class proceeding, until July 6, 2010, the date of my decision after the trial of the common issues.

[2] On the appeal from the trial decision the Ontario Court of Appeal ("OCA") dismissed the claim of the plaintiff class against the defendant Inco. As the party that was ultimately successful, Inco requests its costs on a partial indemnity basis from the date of certification until the date of Inco's offer to settle, June 10, 2009, and on a substantial indemnity basis thereafter.

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