Smith v. Inco Ltd. – 13
March 28, 2011
The Honourable Mr. Justice Juriansz dismissed Eco Justice/Friends of the Earth’s motion to intervene in the Defendant’s appeal through written reasons released today. Justice Juriansz held that Eco Justice/Friends of the Earth’s would not assist the court in these circumstances as their arguments did not differ in any significant way to the Plaintiffs, the arguments proposed to be addressed by Eco Justice/Friends of the Earth were not grounded in the facts of this case, and that the appellant would be prejudiced by having to respond to a new theory of liability at this late stage of the appeal. The Defendant’s appeal is set to be heard by the Ontario Court of Appeal beginning May 9, 2011.