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Court finds plaintiffs caused their own misfortunes regardless of prior owner’s potential negligence

Canada - December 3 2012 On November 21, 2012, the Ontario Court of Appeal (OCA) reaffirmed that for a plaintiff to receive damages from a negligence claim, the defendant’s negligence must have actually caused the plaintiff’s loss.

Michael J. Fortier, Dennis E. Mahony

Court overturns $36 million award in Smith v. Inco Limited

Canada - October 14 2011 On October 7, 2011, the Ontario Court of Appeal allowed the appeal in Smith v. Inco Limited and, in so doing, overturned the July 2010 Ontario Superior Court’s trial decision, which had awarded $36 million in damages to certain property owners in Port Colborne, Ontario.

David P. Chernos, Michael J. Fortier, Dennis E. Mahony, Crawford G. Smith

Supreme Court denies leave to appeal in Smith v. Inco

Canada - April 26 2012 On April 26, 2012, the Supreme Court of Canada denied leave to appeal in the Smith v. Inco class action proceeding.

David P. Chernos, Michael J. Fortier, Dennis E. Mahony, Crawford G. Smith

Shareholders file resolutions on climate change disclosure

Canada, USA - March 15 2010 As of March 4, 2010, a coalition of institutional investors and environmental groups, led by Ceres and the Interfaith Center on Corporate Responsibility, has filed 95 shareholder resolutions relating to the climate change disclosure of 82 U.S. and Canadian companies, including coal, electric power and oil producers, house builders, big box retailers and financial institutions.

Patricia A. Koval, Dennis E. Mahony, Michael Pickersgill

The Canadian Council of Ministers of the Environment provides risk assessment guidance for contaminated sites

Canada - October 5 2012 The Canadian Council of Ministers of the Environment has released drafts of the first three volumes of its Guidance Manual for Environmental Site Characterization in Support of Environmental and Human Health Risk Assessment.

Michael J. Fortier, Jeff Gracer, Dennis Mahony