Chevron had a good week this week, on two fronts.
First, the Supreme Court of Canada has granted leave to appeal from the decision of the Ontario Court of Appeal, which had set aside a lower court’s stay of the Ecuadoran plaintiffs’ action seeking recognition and enforcement of the Ecuadoran judgment in Ontario. Continue reading
In a somewhat surprising development, Justice MacPherson, who wrote the Ontario Court of Appeals’s decision in Yaiguaje v. Chevron, has stayed that decision pending the outcome of Chevron’s application to the Supreme Court of Canada. The decision was surprising—to me, at least, though I welcome the view of Canadian lawyers—because of the tenuousness of Chevron’s claim of irreparable harm: Chevron pointed to the risk that if it won, it might be unable to recover the costs of the proceedings form the Lago Agrio plaintiffs. These costs are, of course, minuscule compared to what is at stake in the case, but Justice MacPherson felt it was enough to justify a stay.
Here is a copy of the papers Chevron filed with the Supreme Court, and here are the papers that Chevron’s Canadian subsidiary filed.
Today’s paper of the day, by friend of Letters Blogatory Antonin Pribetić, of Himelfarb Proszanski and the The Trial Warrior blog, will be of interest to Letters Blogatory readers, and especially to those following the twists and turns of the Lago Agrio case. It’s titled Recognition and Enforcement of Foreign Judgments in Canada, and it’s based on a presentation Antonin is to give at the Ontario Bar Association Institute’s 2014 “Internationalizing Commercial Contracts” program. Here is the abstract:
This paper provides an overview of the governing conflict of laws principles for the recognition or enforcement of foreign judgments, including an analysis of the recent Court of Appeal for Ontario decision in Yaiguaje et al. v. Chevron Corporation et al. and its implications for the recognition and enforcement of foreign judgments, generally. The issue of state immunity as an obstacle to foreign judgment enforcement is also considered.
The paper is available at SSRN.