Environmental Class Actions in Canada: Are The Doors Opening or Closing?

A lack of success by environmental class members in Canada's common law provinces stands in stark contrast to Quebec where plaintiffs have found significant favour with the courts at both the certification and trial stages. In light of the Supreme Court's decision not to hear the appeal in Smith v Inco, Canadians now find themselves with two disparate regimes in Quebec and the common law provinces. This paper was prepared for the Ontario Bar Association's The Anatomy of an Environmental Civil Action.