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ARTICLE · 16 JULY 2010

Ontario Court Awards C$36-Million in Damages in Environmental Class Action

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On July 6, 2010, The Honourable Mr. Justice J. R. Henderson of the Ontario Superior Court of Justice awarded C$36-million to a class of residents against Inco Limited (now Vale) for having contaminated their lands with airborne metals, particularly nickel.

CanadaLitigation, Mediation & Arbitration
James Sullivan
James Sullivan
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Copyright 2010, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Litigation & Dispute Resolution/Environmental Law, July 2010

On July 6, 2010, The Honourable Mr. Justice J. R. Henderson of the Ontario Superior Court of Justice awarded C$36-million to a class of residents against Inco Limited (now Vale) for having contaminated their lands with airborne metals, particularly nickel. This is one of the first class actions to have gone to trial and the trial judge had to deal with several novel issues, such as how to calculate damages on a class-wide basis and how to apply a limitation period to the entire class. Further, it demonstrates the potential viability of environmental class actions.

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