Comments on: Lago Agrio: Summary Judgment Hearing In Canada (With a Reader Poll!)

By: Persons | Letters Blogatory

Persons | Letters Blogatory — Fri, 21 Dec 2018 11:03:05 +0000

[…] question of corporate personhood itself. By the way, when I have written about the Canadian case (here, for example), my views have been basically predictive rather than prescriptive: “You are […]

By: Lago Agrio: Chevron Prevails In Ontario Court of Appeal | Letters Blogatory | Letters Blogatory

Thu, 24 May 2018 11:06:17 +0000

[…] my September 2016 post and in my comments responding to a comment by LAP advocate Aaron Marr Page, I suggested that […]

By: Lago Agrio: Ontario Superior Court Rules LAPs Cannot Execute The Ecuadorian Judgment In Canada | Letters Blogatory

Tue, 24 Jan 2017 01:17:00 +0000

[…] As expected, the Ontario Superior Court has rejected the Lago Agrio plaintiffs’ attempt to seize the assets of an indirect Chevron subsidiary, Chevron Canada Ltd., to satisfy the multi-billion dollar judgment they obtained against the ultimate parent, Chevron Corp., in Ecuador. The court found no basis on which the assets of the indirect subsidiary could be reached on execution (the only tricky part here, in my view, is whether the shares of an indirect subsidiary can be reached, but really that’s not so tricky), and it found no basis for corporate veil-piercing. The practical implication is that barring a successful appeal, the Lago Ario plaintiffs will not be able to collect on their judgment in Canada. (The decision left over the possibility that another Chevron entity could be added to the case, but it is difficult to see why the outcome would be different for that entity than it was for Chevron Canada Ltd.). […]

By: Lago Agrio: International Judgment Arbitrage? | Letters Blogatory

Lago Agrio: International Judgment Arbitrage? | Letters Blogatory — Tue, 17 Jan 2017 02:43:02 +0000

[…] I suggested yesterday, I think that the LAPs’ view is that even if Chevron succeeds in showing that the Canadian […]

By: Case of the Day: Crystallex International v. Petróleos de Venezuela | Letters Blogatory

Fri, 07 Oct 2016 10:01:03 +0000

[…] in any depth—Crystallex, the Canadian corporation, is making the same argument here that the Lago Agrio plaintiffs are making to the Canadian court. But I digress. Although the court was basically sympathetic to CITGO’s view, it held that in […]

By: Ted Folkman

Ted Folkman — Mon, 12 Sep 2016 11:38:01 +0000

I should add that as Roger Parloff pointed out recently, even if the corporate law motion is successful, that won't necessarily end the case, as the LAPs could seek recognition of the judgment against Checron Corp. even though they could not obtain enforcement of that judgment in Canada. Why might they do this? It's unclear, although I suppose Chevron Corp., as a corporate citizen, may be unwilling to refuse to pay a Canadian judgment, or maybe the LAPs think they could bring an action somewhere else to recognize the Canadian judgment, cleansing the Ecuadoran judgment as they sought to cleanse the Cabrera report. I am dubious about both, but we'll see.