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Inco trial delayed a year Date set for Oct. 10, 2009
By Amanda Street
Port Colborne
Sep 05, 2008
Residents of Rodney Street will have to wait another year to have their day in court.

The class-action lawsuit against Vale Inco launched on behalf of 8,000 to 10,000 residents has been delayed for the 13 months and rescheduled to start in October 2009. The trial was set to begin this month in Welland.

Scheduling and procedural concerns caused the delay. The trial has been scheduled to resume on Oct. 10, 2009.

The $750-million class-action suit was launched in 2001 by residents alleging the nickel mining refinery leaked large amounts of cancer-causing toxins, including nickel oxide, into their community. Among the concerns stated by the residents of Port Colborne's east side are higher cancer risks and lowered property values.

"Our properties are worth nothing," said Wilf Pearson, lead plaintiff on the class action. "I couldn't give my house away and I wouldn't give it to my worst enemy."

Pearson is not disappointed with the trial delay, and said he expected it.

"When you are putting together a case this big, there will be delays," he said.

The lawsuit has moved through all levels of provincial court up to the Supreme Court on the issue of whether it was suitable to move forward as a class action. Ultimately, the plaintiffs were successful and the case is proceeding as a certified class action to a full trial.

Vale Inco operated a nickel refinery in Port Colborne between 1918 and 1984. During that time more than 2.5 million tonnes of nickel oxide was released into the air.

During the months leading up to the trial the parties will complete the filing of numerous expert reports and complete examinations of the parties and experts. The trial will take place in Welland and is expected to last two months.