Mining Prospects Trends and Developments in Mining Law in Canada and Internationally

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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 Courts Taking Jurisdiction Over Foreign Disputes

Posted in Mining

For the second time in recent months, a British Columbian court has allowed a civil case to proceed against a resource company in British Columbia for wrongs allegedly committed outside of Canada.

On October 6, 2016, the British Columbia Supreme Court determined that a civil claim alleging human rights violations at an Eritrean mine could proceed to trial against a British Columbia mining company (see Araya v. Nevsun Resources Ltd., 2016 BCSC 1856: British Columbia Supreme Court refuses to strike civil claims alleging human rights violations at Eritrean mine).

On January 26, 2017, the British Columbia Court of Appeal … Continue Reading

Mining Activities and Land Use Planning – Québec Delegates New Powers to Regional County Municipalities

Posted in Mining

La version française suit /  French language version follows

On January 11, 2017, the Minister of Energy and Natural Resources of Québec (“MERN“), Mr. Pierre Arcand, published new Government Policy Directions (in French only) aimed at promoting the harmonious coexistence of mining activities with other uses of the territory. On the same day, the Québec Government also issued Decree 1075-2016, which sets December 14, 2016 as the date on which section 108 of the Act to amend the Mining Act (2013, chapter 32) came into force.

As a result of these developments, which follow the 2013 reform … Continue Reading