by Gabrielle Kramer (Toronto Office) of Borden Ladner Gervais
On November 18, 2005, the Ontario Court of Appeal certified the class action brought by Wilfred Pearson against Inco Limited for property damage caused by historic emissions from the company’s former nickel refinery in Port Colborne. We last reported on this case in our Fall 2002 edition of the Environmental Law News. Certification was initially refused by both the Superior Court and Divisional Court. However, since that time, the scope of the claim was reduced and limited to damages for the reduction in the value of real property as a result of soil contamination. In addition, the Ontario Court of Appeal directed that a more liberal approach be taken to certification of class proceedings. These two developments resulted in the certification of this environmental class action. More Info...
