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Smith V. Inco Ltd.
''Smith v. Inco Ltd.'class-action lawsuit in Canada. The defendant, Inco Ltd. (also known as Vale Canada Limited), was sued by plaintiff">Vale Limited">Vale Canada Limited), was sued by plaintiff Ellen Smith for damages relating to high nickel concentrations in the soil Port Colborne, in Port Colborne, Canada. The contamination came from an Inco Ltd. refinery that was in commission between 1918-1984 . This class action lawsuit initially started in 2002, but did not go to trial until 2010. The plaintiff's counsel initially brought up health concerns related to nickel concentrations that had seeped into the soil of homeowners in Port Colborne. However, a lack of evidence shifted this case to be limited to a claim that nickel concentrations reduced the value of 7,000 homes near the refinery. Damages The plaintiffs, (i.e. approximately 7,000 homeowners in Port Colborne) were awarded $36 million dollars due to the refinery emitting nickel oxide particulates into the air, which had f ...
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Class Action
A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class action originated in the United States and is still predominantly a US phenomenon, but Canada, as well as several European countries with civil law, have made changes in recent years to allow consumer organizations to bring claims on behalf of consumers. Description In a typical class action, a plaintiff sues a defendant or a number of defendants on behalf of a group, or class, of absent parties. This differs from a traditional lawsuit, where one party sues another party, and all of the parties are present in court. Although standards differ between states and countries, class actions are most common where the allegations usually involve at least 40 people who the same defendant has injured in the same way. Instead of each damaged person bringi ...
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Vale Limited
Vale Canada Limited (formerly Vale Inco, CVRD Inco and Inco Limited; for corporate branding purposes simply known as "Vale" and pronounced in English) is a wholly owned subsidiary of the Brazilian mining company Vale. Vale's nickel mining and metals division is headquartered in Toronto, Ontario, Canada. It produces nickel, copper, cobalt, platinum, rhodium, ruthenium, iridium, gold, and silver. Prior to being purchased by CVRD (now Vale) in 2006, Inco was the world's second largest producer of nickel, and the third largest mining company outside South Africa and Russia of platinum group metals. It was also a charter member of the 30-stock Dow Jones Industrial Average formed on October 1, 1928. Pre-Vale history Founding of Inco The company was founded following the discovery by blacksmith Tom Flanagan in Copper Cliff Ontario of chalcopyrite deposits, while the Canadian Pacific Railroad was being built. Initially, ore was shipped for smelting to a plant in Constable Hook, ...
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Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with ...
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Nickel
Nickel is a chemical element with symbol Ni and atomic number 28. It is a silvery-white lustrous metal with a slight golden tinge. Nickel is a hard and ductile transition metal. Pure nickel is chemically reactive but large pieces are slow to react with air under standard conditions because a passivation layer of nickel oxide forms on the surface that prevents further corrosion. Even so, pure native nickel is found in Earth's crust only in tiny amounts, usually in ultramafic rocks, and in the interiors of larger nickel–iron meteorites that were not exposed to oxygen when outside Earth's atmosphere. Meteoric nickel is found in combination with iron, a reflection of the origin of those elements as major end products of supernova nucleosynthesis. An iron–nickel mixture is thought to compose Earth's outer and inner cores. Use of nickel (as natural meteoric nickel–iron alloy) has been traced as far back as 3500 BCE. Nickel was first isolated and classified a ...
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Port Colborne
Port Colborne is a city in Ontario, Canada that is located on Lake Erie, at the southern end of the Welland Canal, in the Niagara Region of Southern Ontario. The original settlement, known as Gravelly Bay, dates from 1832 and was renamed after Sir John Colborne, a British war hero and the Lieutenant Governor of Upper Canada at the time of the opening of the (new) southern terminus of the First Welland Canal in 1833. The city's population in 2021 was 20,033. History In pre-colonial times, Indigenous people of the Onguiaahra (Neutral Iroquois) lived in the area, due in part to the ready availability of flint and chert from outcroppings on the Onondaga Escarpment. This advantage was diminished by the introduction of firearms by European traders, and they were driven out by the Six Nations of the Iroquois around 1650 as part of the Beaver Wars. Originally called Gravelly Bay, after the shallow, bedrock-floored bay upon which it sits, today's City of Port Colborne traces its r ...
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Nickel Oxide
Nickel oxide may refer to: * Nickel(II) oxide, NiO, green, well-characterised oxide * Nickel(III) oxide Nickel (III) oxide is the inorganic compound In chemistry, an inorganic compound is typically a chemical compound that lacks carbon–hydrogen bonds, that is, a compound that is not an organic compound. The study of inorganic compounds is a subf ..., Ni2O3, black, not well-characterised oxide * Oxonickelates {{Chemistry index ...
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History Of Mining In Canada
History (derived ) is the systematic study and the documentation of the human activity. The time period of event before the invention of writing systems is considered prehistory. "History" is an umbrella term comprising past events as well as the memory, discovery, collection, organization, presentation, and interpretation of these events. Historians seek knowledge of the past using historical sources such as written documents, oral accounts, art and material artifacts, and ecological markers. History is not complete and still has debatable mysteries. History is also an academic discipline which uses narrative to describe, examine, question, and analyze past events, and investigate their patterns of cause and effect. Historians often debate which narrative best explains an event, as well as the significance of different causes and effects. Historians also debate the nature of history as an end in itself, as well as its usefulness to give perspective on the problems of the ...
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