On Monday, in a long awaited judgment, a Canadian court in Montreal has authorized the bringing of the largest environmental class action in Canada's history. On the evening of August 9, 2004 the sulphuric acid plant that the company CEZ, a subsidiary of Xstrata since 2006, operates near Montreal released a toxic cloud that caused burning eyes, throat ailments, airways ailments, respiratory ailments, skin rashes, cough, or asthma attack to many people exposed to it.

The group was authorized to seek damages of between $5,000 and $10,000 for each member depending on the prejudice suffered as well as exemplary damages of $5,000. No medical proof is required to make a claim.

Although the authorization to bring a class action amounts to no more than a procedure that allows a representative to file a lawsuit on behalf of a group of persons and does not prejudge in any way the outcome of the trial to come, the attorney for the company told the court in his closing argument that his client would have no defense to offer at trial should the class action be authorized.

Furthermore, the attorney for the plaintiffs confirmed to the judge of the case yesterday that, in view of new scientific evidence discovered since the motion was heard in March of 2011, she will seek to add a territory of approximately 53 square kilometers located in a densely populated area of the city of Montreal which will significantly increase the current group of approximately 180 000 potential members.

In a report of investigation made public in July of 2009, the Ministry of the Environment of Canada unequivocally states that the release was toxic and that the company failed to call the emergency services and activate its emergency plan.