This case was heard in the Nova Scotia Court of Appeal.

A group of plaintiffs from Sydney, Nova Scotia initiated legal proceedings against Ispat Sidbec Inc. ("Ispat"), Hawker Siddeley Canada Inc. ("Hawker"), Domtar Inc. ("Domtar"), the Province of Nova Scotia, the Canadian National Railway Company, and the federal Crown, in a complex case that alleged property contamination, environmental hazards, and health concerns resulting from the operation of coke ovens, a steel plant, and related facilities in Sydney.

The plaintiffs’ Statement of Claim included a number of different allegations, including allegations of battery on the part of Ispat and allegations of regulatory negligence and breach of fiduciary duty on the part of Ispat, the Province of Nova Scotia, and the federal Crown. At this early stage of the proceedings, Ispat, the Province of Nova Scotia, and the federal Crown filed applications to strike portions of the plaintiffs’ Statement of Claim.

In order for a Court to strike a portion of a Statement of Claim, it must be “plain and obvious” that the claim has no chance of succeeding. After considering the defendants’ various arguments, the Court agreed to strike the claims concerning regulatory negligence by the Province of Nova Scotia and the federal Crown, but it allowed the other claims to stand.

Ispat, the Province of Nova Scotia, and the federal Crown appealed to the Nova Scotia Court of Appeal. There, the Court held that the lower court had erred in allowing the claim that Ispat had breached a fiduciary duty that it owed to the plaintiffs. The Court therefore struck that portion of the plaintiffs’ Statement of Claim, but it affirmed the lower court’s conclusions regarding the claims against the Province of Nova Scotia and the federal Crown.

To read about this case in the Supreme Court of Nova Scotia, go to MacQueen v. Sidbec Inc., 2006 NSSC 208 (CanLII).

To read about this case after it became a class action proceeding, go to:

MacQueen v. Sydney Steel Corporation, 2011 NSSC 484 (CanLII)

MacQueen v. Sydney Steel Corporation, 2012 NSSC 461 (CanLII)

MacQueen v. Sydney Steel Corporation, 2013 NSSC 442 (CanLII)

Sydney Steel Corporation v. MacQueen, 2012 NSCA 78 (CanLII)

Canada (Attorney General) v. MacQueen, 2013 NSCA 143 (CanLII)

Canada (Attorney General) v. MacQueen, 2014 NSCA 96 (CanLII)

Sydney Steel Corporation v. MacQueen, 2013 NSCA 5 (CanLII)

MacQueen v. Canada (Attorney General), 2014 NSCA 73 (CanLII) 

MacQueen v. Canada (Attorney General), 2008 NSCA 117 (CanLII)

Neila Catherine MacQueen, et al. v. Attorney General of Canada, et al., 2015 CanLII 17890 (SCC)

Neila Catherine MacQueen, et al. v. Attorney General of Canada, et al., 2015 CanLII 1219 (SCC)

View the Decision on CanLII: https://www.canlii.org/en/ns/nsca/doc/2007/2007nsca33/2007nsca33.html

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