Landmark lead paint abatement case decided in California
In a landmark lead paint liability case, the Superior Court of California has held three of five paint companies liable for public nuisance. The court ordered them to clean up lead paint in California residences painted before 1978, at a total cost of $1.15 billion. The use of lead in interi…
View the post titled Landmark lead paint abatement case decided in CaliforniaSunrise Propane explosion – landlords added to class action
Here’s an update on the Sunrise Propane explosion in Downsview, Ontario, and the gradual progress of the class action by the aggrieved neighbours. In July 2012, the Ontario’s Superior Court of Justice certified a class action against all proposed defendants except the Teskey defendants, whic…
View the post titled Sunrise Propane explosion – landlords added to class actionScience, proof and causation: when courts and scientists disagree
Bad science should be thrown out of court. When alleged scientific data fails to meet relevant, objective quality standards specifically developed for that kind of data, no one knows whether the claimed result is either reliable or correct. It is fundamentally unfair to punish anyone base…
View the post titled Science, proof and causation: when courts and scientists disagreeHelping out in the Gambia
Our associate, Meredith James, recently returned from some pro bono guest lectures at the University of the Gambia’s Faculty of Law. She spoke to the first year torts class about environmental torts and how they might be used in local scenarios. For example, open burning of waste is a common…
View the post titled Helping out in the GambiaWill 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 applicationPort 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 dismissedUnsuccessful SLAPPs
Two British Columbia cases show again why we need laws to prevent Strategic Lawsuits against Public Participation (SLAPPs).
View the post titled Unsuccessful SLAPPsHeyes appeal: Subway construction a nuisance?
Is transit construction a nuisance? The British Columbia Court of Appeal has released its decision in Heyes v. Vancouver, now called Susan Heyes Inc. v. South Coast BC Transportation Authority. The court overturned a $600,000 judgment awarded to a local store owner, who was driven out of bus…
View the post titled Heyes appeal: Subway construction a nuisance?Upset, concern and worry aren't enough
The Ontario Court of Appeal has agreed: upset, concern and worry aren’t enough to warrant compensation.
View the post titled Upset, concern and worry aren't enoughReceive Blog Posts
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