Close X
Sunday, November 24, 2024
ADVT 
National

Tar Ponds court action shut down after 11 years of wrangling

Darpan News Desk The Canadian Press, 26 Aug, 2015 12:38 PM
    HALIFAX — The law firm that represents Cape Breton residents who launched a class-action lawsuit claiming the Sydney tar ponds exposed them to contaminants has concluded the litigation should stop after 11 years of legal wrangling.
     
    The Halifax-based law firm Wagners issued a statement late Tuesday saying the court action, which started in 2004, has grown too complex and costly after several major setbacks.
     
    The plaintiffs were granted certification as a class in May 2012, but the federal and Nova Scotia governments persuaded the Nova Scotia Court of Appeal to decertify the lawsuit in December 2013.
     
    The Appeal Court decision came after lawyers for the two governments argued that a provincial Supreme Court judge erred in certifying the case because there are too many differences in the individual cases for the matter to be heard as a class-action.
     
    As a result, court costs amounting to more than $740,000 were awarded to the two levels of government, to be paid by the four representative plaintiffs who launched the case.
     
    The law firm and a partner firm agreed to cover the costs, but they have since failed in their efforts to have the case reconsidered.
     
    In January, the Supreme Court of Canada denied lawyer Ray Wagner's request for an appeal, effectively ending the class action.
     
    The law firm recently held a town hall meeting with residents, during which Wagner said the only other legal avenue would be to file individual claims, which he said would be costly.
     
    "Unfortunately the number of people who responded with interest in proceeding individually did not meet minimum thresholds for such costly and complex litigation," Wagner said in the statement.
     
    "Continuing with litigation, which would have to start from scratch, appeared to not be an option at this time due to the complexity, significant expenses required and the risk of costs. Effectively no remedy is available to the residents of modest means to bring this injustice to court."
     
    The original lawsuit was filed by residents Neila MacQueen, Joe Petitpas, Ann Ross and Iris Crawford, who were seeking compensation and a medical monitoring fund for contamination resulting from the operation of the steel plant between 1967 and 2000.

    MORE National ARTICLES

    Stories Of Amazon's Hard-Driving Corporate Culture Could Happen Here

    Stories Of Amazon's Hard-Driving Corporate Culture Could Happen Here
    The excesses of Amazon.com's hard-driving corporate culture made headlines this week, raising questions about whether similar problems are possible at Canadian companies.

    Stories Of Amazon's Hard-Driving Corporate Culture Could Happen Here

    Herschel Supply Co. Takes Design-driven Backpacks To Global Success

    Herschel Supply Co. Takes Design-driven Backpacks To Global Success
    CALGARY — Jumping from a concept to an international brand in a few short years, Herschel Supply Co. has shown what's possible for Canadian companies in the fast-paced world of globalized retail.

    Herschel Supply Co. Takes Design-driven Backpacks To Global Success

    Statistics Canada Says Wholesale Sales Rose 1.3 Per Cent To $55.3b In June

    OTTAWA — Strength in the auto sector helped push up Canada's wholesale sales in June by 1.3 per cent to $55.3 billion, Statistics Canada reported Thursday.

    Statistics Canada Says Wholesale Sales Rose 1.3 Per Cent To $55.3b In June

    Court Appearance Put Over For Military Officer Facing Sex Charges

    Court Appearance Put Over For Military Officer Facing Sex Charges
    A lawyer appeared on behalf of Lt.-Col. Mason Stalker in Edmonton provincial court Thursday on 10 charges, including sexual assault.

    Court Appearance Put Over For Military Officer Facing Sex Charges

    Newfoundland Families Want Details Of Treatment Of Women Prisoners Before Deaths

    Newfoundland Families Want Details Of Treatment Of Women Prisoners Before Deaths
    HALIFAX — Family members of two women who died this year in a Nova Scotia prison say they weren't informed of their loved ones' deteriorating health and in one case still don't know the cause of death.

    Newfoundland Families Want Details Of Treatment Of Women Prisoners Before Deaths

    Harper Foes Focus On Novak Evidence, During Federal Election Campaigning

    Harper Foes Focus On Novak Evidence, During Federal Election Campaigning
    In the face of that evidence, Harper reiterated his core message on the topic as he continued to face questions on the federal election campaign.

    Harper Foes Focus On Novak Evidence, During Federal Election Campaigning