Port Colborne residents win $32M suit against Inco

Posted By QMI AGENCY Niagara Falls Review

Posted 21 hours ago

Port Colborne residents have won $32 million in a class-action lawsuit against Inco based on the loss of property values because of nickel emission contamination.

Ontario Superior Court Justice Joseph Henderson released his decision Tuesday following an October 2009 trial.

Residents in the class action said their property values decreased once it became known in 2000 that Inco — know known as Vale — had contaminated property while it operated its Port Colborne refinery. The refinery section of the plant closed in 1984.

In his decision, Henderson divided the award among about 6,500 households, placing them in three groups.

About 200 Rodney St. households would receive $23,000 each for a total of $9 million. They live nearest the former refinery.

Households on the east side of Port Colborne would get $9,000 for a total of $15 million and the west side $2,500 per household for $12 million.

Lawyer Eric Gillespie, who represented residents, said the decision was “a very positive one to come out of a lengthy process.”

The process has been a long one.

It began in March 2000 with the announcement of the contamination. A Court of Appeal case was heard in 2005 and the trial on which the decision was based was in 2009.

Inco has 30 days to file an appeal.

Inco representatives had not returned calls by press time.