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Published on: 23 Jan 2015 By (Dianne Saxe)

Supreme Court hears Chevron Ecuador pollution appeal

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 Lus…

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Published on: 17 Apr 2014 By

Supreme Court of Canada gives Chevron permission to appeal Ecuador pollution decision

The Supreme Court of Canada has granted Chevron’s application for leave to appeal the Ontario Court of Appeal decision allowing Ecuadorian plaintiffs to sue here to try to collect their $18 billion Ecuador pollution judgment. According to a US court, that award was based on fraud. Our …

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Published on: 29 Jan 2014 By (Dianne Saxe)

Supreme Court: Honest efforts to understand the law are not enough

The Supreme Court of Canada has made compliance with ambiguous regulations tougher than ever, by ruling that honest efforts to understand the law (however confusing) are not enough. In La Souveraine, Compagnie d’assurance générale v. Autorité des marchés financiers, Sovereign General (SG) wa…

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Published on: 25 Apr 2013 By (Dianne Saxe)

Why the Supreme Court decision in AbitibiBowater won’t work

We have written several times about the Supreme Court of Canada’s decision in AbitibiBowater v. Newfoundland, in which insolvency law trumped environmental orders. Today, we want to tell you more about the rule the court laid down, and why it is likely to have perverse consequences. In…

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Published on: 11 Mar 2013 By (Dianne Saxe)

Antrim: Supreme Court gives compensation for nuisance when highway moved

The Supreme Court of Canada has restored compensation to the Antrim truck stop, which lost its coveted place on the edge of a major highway when the highway was moved. The Court held that the $393,000 loss in business loss and property value was too heavy to expect Antrim to shoulder alone, …

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