Case Study: Ellen Smith And Inco

Law360, New York (September 22, 2010, 12:05 PM EDT) -- In Canada's largest-ever environmental class action decision based on pollution, damages were assessed against Vale SA (formerly Inco Ltd.) in the amount of $36 million. This represented compensation to a class of homeowners whose property values declined when it became public that their properties were contaminated with nickel. This was the first environmental class action to proceed to trial in a common-law province.

The class action was brought on behalf of approximately 7,000 residents of Port Colborne, Ontario. Inco operated a nickel refinery between 1918 and...
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