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Asbestos Class Action Lawsuit Dismissed Against Company, Directors

A nurse at a health centre sued the company that operated the centre and two of its directors on behalf of himself and anyone at the centre negligently exposed to asbestos during renovations. The defendants asked the court to dismiss the lawsuit. The court dismissed the case against the company because it was barred by the workers’ comp law. But workers’ comp law didn’t bar the lawsuit against the directors because they didn’t pay for workers’ comp coverage. However, it dismissed the case against them anyway because there was no evidence that the directors had done anything that was “tortuous” in itself and thus there was no justification for piercing the “corporate veil” to go after them personally, explained the court [Stewart v. Enterprise Universal Inc., [2010] A.J. No. 422, April 16, 2010].

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