Sydney Tar Ponds Environmental Class Action is over
The neighbours wanted to hold the federal and provincial governments liable for air, water and soil pollution caused by the historic Sydney steel mill and coke works
View the post titled Sydney Tar Ponds Environmental Class Action is overMillions for offsite gasoline contamination
The Ontario Superior Court has awarded millions to a neighbouring property owner for historic offsite gasoline contamination. The decision in Canadian Tire Real Estate Ltd. v. Huron Concrete Supply Ltd. illustrates, and will perpetuate, the continuing confusion over liability for off site gr…
View the post titled Millions for offsite gasoline contaminationAlberta TCE class action – claims in trespass, nuisance, Rylands v. Fletcher dismissed
Canadian Pacific Railway (CPR) operated a train repair facility, known as the Ogden shops, since the early 1900s in a heavily industrialized area outside Calgary. Over the years, a residential area grew up around the shops. TCE was used as a degreaser in the shops from the mid-1950s to the m…
View the post titled Alberta TCE class action – claims in trespass, nuisance, Rylands v. Fletcher dismissedWill the SCC grant leave in Smith v Inco?
Will the Supreme Court of Canada grant leave to Ellen Smith to appeal the decision of the Ontario Court of Appeal rejecting her class action against Inco for the historic nickel contamination of soil in Port Colborne?
View the post titled Will the SCC grant leave in Smith v Inco?Smith v Inco appeal application
Kirk Baert has kindly permitted us to post his Application to the Supreme Court of Canada for leave to appeal the Ontario Court of Appeal’s decision in Smith v. Inco. This was the first environmental contamination class action in Canada tried on its merits. The Appeal Court’s dec…
View the post titled Smith v Inco appeal applicationMichaud v Sun Corp
Michaud v. Sun Corp. is a civil action that has been commenced in the Ontario Superior Court by a neighbour of the Kent Breeze Wind Farm. Unlike the Hanna and Erickson cases, which unsuccessfully attempted to prevent the permitting of wind projects, the Michaud case seeks damages and an inju…
View the post titled Michaud v Sun CorpEnvironmental causes of action
The recent Court of Appeal decision in Smith v Inco is requiring Canadian environmental lawyers to carefully rethink environmental causes of action–who can sue who for what? How can Smith v. Inco be reconciled with St. Lawrence Cement v. Barrette? (Different type of nuisance). Why can non-to…
View the post titled Environmental causes of actionPort Colborne class action dismissed
Can neighbours sue for historic contamination? The leading Canadian case has been Pearson (later Smith) v. Inco, a class action by thousands of Port Colborne property owners against Inco, for alleged losses in property value due to nickel oxide that was legally deposited in the area during t…
View the post titled Port Colborne class action dismissedInco to pay $36 million in Port Colborne class action
Inco has been ordered to pay $36 million to past and present property owners in Port Colborne, for lost property value due to historic nickel contamination. None of the contamination occurred after 1984, and Inco complied with all applicable laws during the operation of its refinery. Nevert…
View the post titled Inco to pay $36 million in Port Colborne class actionReceive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.