Lago Agrio: Ontario Case Stayed Pending Appeal To The Supreme Court of Canada

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.

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2d ed. 2016), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

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