October 7, 2011
The Court of Appeal for Ontario granted the Defendant’s appeal of the judgment of the Honourable Mr. Justice Henderson, who found in favour of the Plaintiff class awarding $36 million in damages in July 2010. The Court of Appeal overturned the trial judge’s decision and dismissed the action. A copy of the Court of Appeal’s decision can be found here. The Plaintiff intends on filing an application for leave to appeal the decision to the Supreme Court of Canada, where such court will decide whether it will hear the appeal of the Court of Appeal’s decision by the Plaintiff. That application is due with the Supreme Court of Canada by December 6, 2011. Inco will then have 30 days to respond. The application is done in writing without any oral argument. The Plaintiff expects a decision on the application for leave to appeal to the Supreme Court of Canada in approximately six months.