519 672 2121
Close mobile menu

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.

The factums are all posted on the Supreme Court website. They include:

 To watch the oral argument, see Webcast of the hearing on 2014-12-11

News & Views

Blog

The more you understand, the easier it is to manage well.

View Blog

Neurological imaging to prove brain injury in medical negligence litigation

A brain injury is when cell death occurs in the brain, which can affect an individual’s capa…

Take note: employers may be responsible for paying CPP and EI premiums on employee tips and gratuities

According to a recent Federal Court of Appeal decision, employers who receive electronic tip…