Inco loses bid to have appeal of class-action suit heard by Supreme Court
Published by MAC on 2006-06-29
Inco loses bid to have appeal of class-action suit heard by Supreme Court
by Canadian Press
29th June 2006
OTTAWA (CP) - An effort by nickel giant Inco to quash a class-action lawsuit has been dismissed.
The Supreme Court of Canada said today it will not hear an appeal by Inco, meaning the suit by residents of Port Colborne, Ont., will go ahead.
The $750-million suit alleges a refinery operated by Inco (TSX:N) contaminated homes in the southern Ontario community over a period of about 80 years, devaluing the properties.
Inco asked the high court to hear the case after the Ontario Court of Appeal certified the class-action last November.
Among the 8,000 plaintiffs is Wilfred Pearson, who launched the suit claiming very high levels of nickel and other metals have been found in the soil at his property.
Pearson's lawyer, Eric Gillespie, calls the dismissal good news, saying residents of Port Colborne will finally have a chance to have their concerns heard.
"It also means that all property owners in Port Colborne have moved one step closer to recovering the compensation that they allege Inco owes them for damage to their property."