The plaintiffs claimed property values didn't rise as rapidly as those in surrounding areas after the Ontario Ministry of the Environment report said land near the Inco refinery was polluted, posing a risk to people's health.

The court found metal refining was a non-natural use of land and therefore Inco was strictly liable for its failure to prevent the escape of dangerous substances. Additionally, Inco was found liable in private nuisance if plaintiffs could demonstrate a decline in their property values.

"In my opinion, if nickel has accumulated on the class members' properties in such amounts so as to negatively affect the values of the properties, then the physical damage to the properties is material. ... even if the nickel accumulation in the soil does not affect human health," stated Justice Henderson in his decision.

A West Coast Environmental Law blog explains how "...it's an important step forward in allowing class actions related to pollution. And as such it may have opened the door to the types of large damages awards that will allow toxic torts to be brought in Canada,"

Vale, the Brazilian based mining company which owns Inco, intends to appeal. "We have examined the decision and we do see grounds for appeal and we will appeal," said Vale spokesperson Cory McPhee.