Can foreign pollution judgments be enforced in Canada? The Supreme Court of Canada has heard arguments on the attempt by Ecuador pollution plaintiffs to enforce their $9 plus billion Ecuador judgment against Chevron’s Canadian assets, in Chevron Corporation, et al. v. Daniel Carlos Lusitande Yaiguaje, et al., Supreme Court of Canada File No. 35682. Although substantial pollution remains in Ecuador, a US court has ruled that the Ecuador pollution judgment against Chevron was obtained through fraud.
The Canadian claim was struck out, on a preliminary motion, by Superior Court Justice David Brown, recently elevated to the Court of Appeal. The Ontario Court of Appeal reversed the striking out, allowing the Ecuador pollution claim against Chevron to go forward, the next step being completion of pleadings. The Supreme Court gave Chevron leave to appeal that reversal.