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Environmental Class Actions for Historical Contamination: Smith v. Inco Limited 2013

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Author
Bowal, Peter
Accessioned
2015-02-26T18:45:35Z
Available
2015-02-26T18:45:35Z
Issued
2013
Other
Litigation
Class Action Lawsuits
Environmental liability
Subject
Studies
Environmental law
Type
journal article
Metadata
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Abstract
Smith v. Inco Ltd is a noteworthy environmental law case for several reasons, not the least of which it is that it is the first environmental class action lawsuit to proceed through a trial and appeal in a common law province in Canada. The case, which took more than a decade to be decided, alleged that continuous tortious behaviour on the part of mining giant Inco Ltd commencing almost a century earlier had adversely affected a large class of landowners' property values. The case evolved through several styles of cause and claims that led to many trips to the courthouse on a wide assortment of intractably contested legal issues. Although the various procedural issues contribute in their own ways to the development of the law, particularly in respect of class action proceedings, this Comment is focused on analysis of the substantive issues in the case.
Refereed
Yes
Citation
Bowal, P. (2013). Environmental class actions for historical contamination: Smith v. Inco limited. Journal of Environmental Law and Practice, 24(3), 295-319. Retrieved from http://ezproxy.lib.ucalgary.ca/login?url=http://search.proquest.com/docview/1429234169?accountid=9838
Corporate
University of Calgary
Faculty
Haskayne School of Business
Url
http://www.carswell.com/
Publisher
Carswell Publishing
Doi
http://dx.doi.org/10.11575/PRISM/34028
Uri
http://hdl.handle.net/1880/50354
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  • Haskayne School of Business Research & Publications

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