Sydney tar ponds suit partial victory
Judge instructs plaintiffs to narrow the parameters of their case
Last Updated: Friday, June 25, 2010 | 12:20 PM AT
CBC News
Related
A Nova Scotia Supreme Court judge has ruled that some residents who lived near the Sydney tar ponds will be able to join in a class-action suit against the provincial and federal governments.
Justice John Murphy ruled Friday that only people who owned property or resided in a small area near the former Sydney Steel mill plant can take part in the suit.
The four representative plaintiffs — Neila MacQueen, Joe Petitpas, Ann Marie Ross and Iris Crawford — are suitable, Murphy said.
Lawyer Raymond Wagner had argued that thousands of plaintiffs should be included. He said anyone who had at least three years of exposure within a 5.6-kilometre radius of Victoria Road and Laurier Street in Sydney should be part of the class action suit.
Murphy, however, said that could include up to 50,000 people and would be unworkable. He instructed Wagner to narrow the parameters of his case.
Wagner said Friday that he plans to present the redefined boundaries within the next few weeks.
"He [Murphy] says this case should be certified, but the boundaries we've proposed are too big.," Wagner said "So, he's sent us home, basically to redefine the boundaries. If we get a boundary to circumscribe the most contaminated areas, then he'll certify the case — [he] has indicated that he'll do so.
"So, this is a major step forward. There is work yet to be done, but it is a major step forward."
The plaintiffs claim the governments knew about the health and environmental risks linked to the contaminated sludge in the tar ponds and failed to do anything about it.
"It is about the contamination of an entire community," Wagner said in court Monday. "It is about the dumping of dangerous and hazardous chemicals on the community, which we allege, that both defendants knew contained harmful substances."
The tar ponds, called one of Canada's worst toxic waste sites, is what's left from a century of steelmaking. Pollutants leaked out of a coke oven, the chamber where coal was heated, and about 700,000 tonnes of chemical waste and raw sewage accumulated over the decades.
The hearing was heard in Halifax earlier this week and was broadcast over the internet. About 400 people have signed up as plaintiffs to date.
Nine days had been set aside to hear arguments. With files from The Canadian PressShare Tools
Latest Nova Scotia News Headlines
- Irving lays off 44 at Halifax shipyard
- Dozens of Irving Shipyard workers were laid off Friday after several projects were completed. more »
- Dartmouth students prepare for robot competition
- Students at Auburn High near Dartmouth, N.S., are making final adjustments to their underwater robot ahead of an international competition in Florida. more »
- Halifax police warn of sex offender's release
- Halifax police issued a warning Friday about a man released from prison for offences against children. more »
- Sunken boat refloated in Sydney Harbour
- A half-sunken boat abandoned in Sydney Harbour several years ago was refloated Friday in the first step toward removing the eyesore. more »
Top News Headlines
- Employment Insurance review boards to be scrapped
- The federal government is scrapping two review boards used by people appealing decisions made about their employment insurance. more »
- Teens share bullying tales in confession booth
- Raw stories about bullying emerged when a video booth was set up inside a Quebec high school. more »
- Serial carjacker gets life term for fatal crash
- An Ontario judge was moved to tears while delivering a life prison sentence to a serial carjacker who killed a woman and injured five others after driving a stolen van into her car during a 2010 police chase. more »
- Canada ending 'Buffalo shuffle' for visas, closing consulate
- The federal government is shutting the Canadian consulate in Buffalo less than two years after costly renovations, while dropping a requirement for visas to be renewed outside the country, CBC News has learned. more »
- Police find missing East Dover woman
- 902 numbers running out in N.S., P.E.I.
- Halifax police warn of sex offender's release
- New EI rules worry seasonal workers in N.S.
- N.S. man acquitted in boy's 2010 death
- Shots fired on Quinpool Road in Halifax
- RCMP to close labs in Halifax, Winnipeg, Regina
- Canadian Hurricane Centre predicts 9 to 15 storms in 2012
- Paul Martin, Scotty Bowman among Order of Canada recipients

