June 8, 2018
By Blair Bowen
of Fogler Rubinoff LLP
This is my ninth instalment about this case. It probably won’t be my last.
In the latest chapter of Yaiguaje v. Chevron Corporation, 2018 ONCA 472, the Court of Appeal for Ontario rejected arguments by the Ecuadorian villagers who are seeking to enforce a US$9.5 billion judgment against Chevron Corporation in Ontario. The villagers argued that the Execution Act (“Act”) permitted execution on Chevron Canada’s shares and assets to satisfy the Ecuadorian judgment. Secondly, they argued that the court should pierce the corporate veil between Chevron Canada and Chevron Corporation in order to render Chevron Canada’s shares and assets “exigible” i.e. – subject to seizure and sale to satisfy the judgment.
February 16, 2017
By Blair Bowen
of Fogler Rubinoff LLC
Yaiguaje v. Chevron Corporation 2017 ONSC 135 (CanLII)
The saga continues. This case returned to the Ontario Superior Court of Justice for consideration after a hearing at the Supreme Court of Canada. Forty-seven individual plaintiffs in this action, representing approximately 30,000 indigenous Ecuadorian villagers, are suing Chevron and Chevron Canada to attempt to enforce a US$9.5 billion judgment. The enforcement proceedings first came before the Ontario Court where a motions judge – Justice D.M. Brown (now on the Ontario Court of Appeal) – held that the Ontario Court had jurisdiction to recognize and enforce the Ecuadorian judgment but on his own motion stayed the proceedings. The Ontario Court of Appeal over-ruled Justice Brown’s imposition of a discretionary stay but upheld his decision on the jurisdictional issue. The Supreme Court of Canada upheld the decision of the Court of Appeal.