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Koskie Minsky LLP

Koskie Minsky LLP

Smith v. Inco Ltd.


Developments

November 29, 2013The Court of Appeal for Ontario dismissed the Defendant’s appeal of Justice Henderson’s cost award.  A copy of the reasons of the Court of Appeal can be found here.
October 10, 2013Arguments were heard today by the  Court of Appeal for Ontario in the Defendant’s appeal of the costs decision of The Honourable Mr. Justice Henderson dated September 10, 2012.
May 6, 2013Leave to appeal the costs decision of The Honourable Mr. Justice Henderson dated September 10, 2012 was granted to the Defendant.
September 20, 2012

The Defendant is seeking to appeal the costs decision of The Honourable Mr. Justice Henderson dated September 10, 2012.

 

September 10, 2012

The Honourable Mr. Justice Henderson rendered his costs decision awarding the Defendant at total of $1,766,000 in costs.  To view a copy of the decision click here.

June 19, 2012The Honourable Mr. Justice Henderson heard submissions as to costs of trial.
April 26, 2012The Supreme Court of Canada denied the plaintiff's application for leave to appeal the judgment of the Court of Appeal for Ontario. The Court of Appeal for Ontario’s dismissal of the Plaintiff’s action therefore stands and this action is now concluded.
February 7, 2012The Plaintiff served and filed its reply submission with respect to its application for leave to appeal the decision of the Ontario Court of Appeal to the Supreme court of Canada.  A copy of the Plaintiff’s reply can be found here.  A decision by the Supreme Court of Canada on whether to grant leave to appeal the Ontario Court of Appeal’s decision is expected in the coming months. 
January 19, 2012The Defendant served and filed its response to the Plaintiff’s application for leave to appeal the decision of the Ontario Court of Appeal to the Supreme court of Canada. A copy of the Defendant’s response can be found here.
December 5, 2011The Plaintiff filed its Application for Leave to Appeal to the Supreme Court of Canada seeking to appeal the decision of the Court of Appeal for Ontario which overturned the trial decision of the Honourable Mr. Justice Henderson in favour of the class. A copy of the Application can be found here. Inco will be serving and filing a memorandum in response to the appeal within 30 days.
October 7, 2011The Court of Appeal for Ontario granted the Defendant’s appeal of the judgment of the Honourable Mr. Justice Henderson, who found in favour of the Plaintiff class awarding $36 million in damages in July 2010. The Court of Appeal overturned the trial judge’s decision and dismissed the action. A copy of the Court of Appeal’s decision can be found here. The Plaintiff intends on filing an application for leave to appeal the decision to the Supreme Court of Canada, where such court will decide whether it will hear the appeal of the Court of Appeal’s decision by the Plaintiff. That application is due with the Supreme Court of Canada by December 6, 2011. Inco will then have 30 days to respond. The application is done in writing without any oral argument. The Plaintiff expects a decision on the application for leave to appeal to the Supreme Court of Canada in approximately six months.
July 26, 2011The parties continue to await the decision of the Court of Appeal on the Defendant’s appeal of the Honourable Mr. Justice Henderson’s trial judgment.  The appeal was heard May 9-12, 2011 and a decision is expected in the coming months.
May 12, 2011Arguments in the Defendant’s appeal of the Honourable Mr. Justice Henderson’s trial decision were heard by the Ontario Court of Appeal between May 9 and May 12, 2011. The Ontario Court of Appeal reserved its decision.
March 28, 2011The Honourable Mr. Justice Juriansz dismissed Eco Justice/Friends of the Earth’s motion to intervene in the Defendant’s appeal through written reasons released today. Justice Juriansz held that Eco Justice/Friends of the Earth’s would not assist the court in these circumstances as their arguments did not differ in any significant way to the Plaintiffs, the arguments proposed to be addressed by Eco Justice/Friends of the Earth were not grounded in the facts of this case, and that the appellant would be prejudiced by having to respond to a new theory of liability at this late stage of the appeal. The Defendant’s appeal is set to be heard by the Ontario Court of Appeal beginning May 9, 2011.
March 22, 2011Eco Justice/Friends of the Earth’s motion to intervene in the Defendant’s appeal was heard this day. The Honourable Mr. Justice Juriansz reserved his decision on the motion.
March 14, 2011Eco Justice/Friends of the Earth, a Canadian environmental charity, is seeking to intervene in the Defendant’s appeal. Eco Justice/Friends of the Earth’s motion to intervene will be heard on March 22, 2011.
March 2, 2011The Defendant’s appeal of the trial decision of the Honourable Mr. Justice Henderson is scheduled to be heard by the Ontario Court of Appeal Osgoode Hall, 130 Queen Street West, the week of May 9-13, 2011. Both parties have now filed written argument in advance of the oral hearing which can be found here.
January 19, 2011The Defendant’s appeal from the trial decision of the Honourable Mr. Justice Henderson dated July 6, 2010 is expected to be heard by the Ontario Court of Appeal the week of May 9-13, 2011.
December 10, 2010The Defendant perfected its appeal to the Court of Appeal for Ontario from the trial decision of the Honourable Mr. Justice Henderson dated July 6, 2010.
August 3, 2010The Defendant filed its Notice of Appeal seeking to appeal the trial decision of the Honourable Mr. Justice Henderson dated July 6, 2010.
July 6, 2010The Honourable Mr. Justice Henderson renders judgment in favour of the class members in the aggregate amount of $36,000,000. In making his decision, the Honourable Justice Henderson held that "the Plaintiff has proved on a balance of probabilities that the negative publicity and public disclosures from and after September 2000 significantly affected property values...". After reviewing all of the evidence presented during the trial, Justice Henderson ruled that the aggregate damage to the class was $36,000,000 which he allocated as follows: (i) $9,000,000 aggregate for the Rodney Street Area, (ii) $15,000,000 aggregate for the East Side Area, and (iii) $12,000,000 aggregate for the West Side Area.

A full copy of the trial decision can be found by accessing the documents tab to the right of this page.

Closing arguments in the trial were completed on January 20, 2010, 101 days after the commencement of the trial.
May 20, 2010The Honourable Mr. Justice Henderson delivered his ruling with respect to the Plaintiff's motion to amend the common issues. The Honourable Justice Henderson permitted the Plaintiff's amendments of the common issues and added a common issue with respect to limitation periods at the Defendant's request. The parties are to submit written submissions with respect to the amendments and the new limitation period common issue by June 4, 2010 with responding submissions by June 11, 2010.
May 10, 2010The Plaintiff's motion to amend the common issues to remove the word "ongoing" with respect to the Defendant's discharge of nickel and to add "private" nuisance in addition to "public" nuisance as a cause of action was heard this day.
January 21, 2010101 days after the commencement of the trial of the common issues, closing arguments were completed on January 21, 2010. The Honourable Mr. Justice Henderson, presiding, reserved his decision which is expected within 2-3 months.
October 14, 2009The Plaintiff brought a successful motion for judgment on common issues 6(a) and 6 (b) which confirms that Inco is the source of the vast majority of elevated levels of nickel found on the class members' lands and that the vast majority of nickel contamination in the Rodney Street area originated from Inco.
October 13, 2009The trial of the common issues commenced at the Superior Court of Justice in Welland before the Honourable Mr. Justice Henderson. It is expected that the trial of the common issues will be completed by January 31, 2010.
June 29, 2009The Honourable Mr. Justice Cullity amends the class definition. As a result of Justice Cullity's order this class action will now proceed on behalf of residential property owners only. Notice to the class of the change to the class definition was published in newspapers in and around Port Colborne. To view a copy of the Notice of Change of Class Definition please click here.
February 18, 2009Inco’s motion to decertify the action as a class proceeding was dismissed by the Honourable Mr. Justice Cullity on February 18, 2009.
March 17, 2007The deadline to opt out of the class action expired.
June 29, 2006Application for leave to appeal the certification Order of the Court of Appeal for Ontario to the Supreme Court of Canada was dismissed.
November 18, 2005This action was certified as a class proceeding by Order of the Court of Appeal for Ontario, dated November 18, 2005