I asked esteemed fellow blogger Antonin I. Pribetic to help me and Letters Blogatory readers get a grip on the Canadian law that will be at issue in the new Ontario case, and I’m delighted he’s agreed. Antonin is a trial and appellate lawyer practicing in Toronto with a focus on international litigation and arbitration. He is also the author of The Trial Warrior Blog.
My thanks to Ted Folkman for inviting me to write a guest post as a follow-up to the excellent Symposium recently hosted here at Letters Blogatory on forum non conveniens and enforcement of foreign judgments.
Unsurprisingly, a considerable amount of the discussions has revolved around the Chevron Ecuador litigation, including the Second Circuit’s decision in Republic of Ecuador v. Chevron Corp. 638 F.3d 384 (2d Cir. 2011).
As Ted reported here recently, the Lago Agrio plaintiffs have commenced an action in the Ontario Superior Court of Justice to enforce the Ecuador judgment against Chevron Corporation and its Canadian subsidiaries. A copy of the Statement of Claim in Yaiguaje et al. v. Chevron Corporation et al. (Court File No. CV-12-454778) is available here (the “Ontario Enforcement Action”).
This post will provide an overview of the impeachment defenses available in Canada for the recognition and enforcement of foreign judgments and will offer some thoughts on the apparent ‘reverse veil-piercing’ theory implicit in the Statement of Claim in the Ontario Enforcement Action.