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Category Archives: Litigation

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Yaiguaje v. Chevron Corporation – The Enforcement Saga Continues

Posted in Litigation, Mining

What’s At Stake?

In 2015, the Supreme Court of Canada in Chevron Corp. v. Yaiguaje (discussed here) determined that Ontario courts have jurisdiction to adjudicate a recognition and enforcement action against an Ontario affiliate of a foreign corporation. In this case, the enforcement action was brought by Ecuadorian plaintiffs against Chevron Corporation (“Chevron”), a US-based corporation, and its seventh level indirect subsidiary, Chevron Canada Limited (“Chevron Canada”).… Continue Reading

BC First Nation Commences Treaty 8 Infringement Action Against Province

Posted in Aboriginal and Environmental Issues, Litigation, Mining

The following post by Selina Lee-Andersen and Stephanie Axmann on our Canadian Energy Perspectives blog may be of interest to readers of this blog: BC First Nation Commences Treaty 8 Infringement Action Against Province

The article addresses the treaty rights infringement claim (Claim) commenced by Blueberry River First Nations on March 3, 2015 against the Province of British Columbia (Province). The Claim, filed March 3, 2015, alleges that the Province has breached its Treaty 8 obligations due to the cumulative impacts of provincially authorized industrial development in BRFN’s traditional territory. The article also discusses the ongoing … Continue Reading

Appeals Court Overturns Damages Award to Proponent for Aboriginal Blockade

Posted in Aboriginal and Environmental Issues, Litigation, Mining

The BC Court of Appeal (BCCA) has overturned a significant trial decision that had ordered the province of British Columbia (Province) to pay $1.75 million in damages to a logging company arising from a blockade by members of a Treaty 8 First Nation.

The BCCA’s decision, Moulton Contracting Ltd. v. British Columbia [1] could limit the potential grounds for relief by mining, forestry and other resource developers against government when blockades or other efforts by Aboriginal groups impede project development after permits are granted.… Continue Reading