{"id":12333,"date":"2015-09-16T07:33:03","date_gmt":"2015-09-16T12:33:03","guid":{"rendered":"http:\/\/olduvai.ca\/?p=12333"},"modified":"2015-09-16T07:33:03","modified_gmt":"2015-09-16T12:33:03","slug":"ecuador-vs-chevron-by-way-of-canada","status":"publish","type":"post","link":"https:\/\/olduvai.ca\/?p=12333","title":{"rendered":"Ecuador vs. Chevron, By Way of Canada"},"content":{"rendered":"

Ecuador vs. Chevron, By Way of Canada<\/a><\/h3>\n

\"comp_chevron17__01__630x420\"<\/a><\/p>\n

In the latest twist to a 22-year-old legal saga, Canada\u2019s Supreme Court ruled on September 4th that Ecuadorian villagers can seek to enforce an Ecuadorian legal judgment in Canada for $9.5 billion against Chevron Corporation for polluting the Amazon rainforest.<\/p>\n

The plaintiffs were successful in arguing that since Chevron owns at least $15 billion worth of assets in Canada \u2013 including Newfoundland offshore oil fields, major investment in the Alberta tar sands, an oil refinery in B.C., natural gas holdings, and other assets \u2013 they can pursue the case in Ontario courts. In the unanimous 7-0 ruling, the Canadian Supreme Court sided with the villagers\u2019 lawyers, agreeing that the province of Ontario has jurisdiction to recognize the $9.5 billion judgment obtained in 2011 by the villagers in an Ecuadorean court. [1]<\/p>\n

Chevron Corp. had appealed to the Supreme Court in the hopes of overturning a lower-court decision that said the villagers could pursue their case in Ontario courts.
\nIn the Supreme Court case, California-based multinational Chevron Corp. argued that its Canadian assets don\u2019t belong to the parent company, but to a subsidiary called Chevron Canada Ltd. But the high court rejected the company\u2019s arguments. Justice Clement Gascon ruled that Chevron Canada\u2019s \u201cbricks-and-mortar business in Ontario and its significant relationship with Chevron\u201d is enough to establish jurisdiction for the case. [2]<\/p>\n

The ruling does not mean that the Ecuadorian villagers can now seize Chevron\u2019s Canadian assets. It only means that the case can go forward at a subsequent trial court in Ontario. As Justice Gascon wrote, \u201cA finding of jurisdiction does nothing more than afford the plaintiffs the opportunity to seek recognition and enforcement.\u201d<\/p>\n

Nonetheless, the villagers and their lawyers believe the decision by the Supreme Court of Canada \u201chas set an important milestone\u201d [3] in a case that has been called \u201cthe trial of the century.\u201d<\/span><\/p>\n

 <\/p>\n

…click on the above link to read the rest of the article…<\/p>\n","protected":false},"excerpt":{"rendered":"

Ecuador vs. Chevron, By Way of Canada In the latest twist to a 22-year-old legal saga, Canada\u2019s Supreme Court ruled on September 4th that Ecuadorian villagers can seek to enforce an Ecuadorian legal judgment in Canada for $9.5 billion against Chevron Corporation for polluting the Amazon rainforest. The plaintiffs were successful in arguing that since […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[3,4,5],"tags":[4295,103,8740,129,9082,5493,8739,638],"class_list":["post-12333","post","type-post","status-publish","format-standard","hentry","category-energy-2","category-environment","category-geopolitics","tag-amazon-rainforest","tag-canada","tag-canadian-supreme-court","tag-chevron","tag-chevron-assets","tag-counterpunch","tag-ecuador","tag-pollution"],"_links":{"self":[{"href":"https:\/\/olduvai.ca\/index.php?rest_route=\/wp\/v2\/posts\/12333","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/olduvai.ca\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/olduvai.ca\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/olduvai.ca\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/olduvai.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12333"}],"version-history":[{"count":1,"href":"https:\/\/olduvai.ca\/index.php?rest_route=\/wp\/v2\/posts\/12333\/revisions"}],"predecessor-version":[{"id":12334,"href":"https:\/\/olduvai.ca\/index.php?rest_route=\/wp\/v2\/posts\/12333\/revisions\/12334"}],"wp:attachment":[{"href":"https:\/\/olduvai.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12333"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/olduvai.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12333"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/olduvai.ca\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12333"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}