Comments on: Lago Agrio: Chevron Prevails In Ontario Court of Appeal

By: Lago Agrio: Supreme Court of Canada Denies Ecuadorans’ Application for Leave to Appeal | Letters Blogatory

Fri, 05 Apr 2019 10:00:27 +0000

[…] Court of Canada denied an application by the Lago Agrio plaintiffs for leave to appeal from the decision of the Ontario Court of Appeal in May 2018, which held that the Lago Agrio plaintiffs cannot reach the assets of Chevron’s […]

By: Case of the Day: EIG Energy Fund v. Petroleo Brasileiro | Letters Blogatory | Letters Blogatory

Mon, 16 Jul 2018 10:00:43 +0000

[…] point is worth thinking hard about in light of, for instance, the Ontario Court of Appeal’s decision in the Chevron/Ecuador case, which held that judgment creditors of a US parent corporation could […]

By: Ted Folkman

Ted Folkman — Thu, 24 May 2018 15:53:16 +0000

In reply to Peter Lynn. Yes, it's possible. I think the strongest answer, though, to the concurrence is the point the court made in ¶ 80: Chevron Canada was not taking money out of Chevron Corp. in order to help it evade a judgment; the plaintiffs themselves argue that Chevron Canada is putting money into Chevron Corp. So in a sense this is the opposite of a case where equitable principles would make veil-piercing appropriate.

By: Peter Lynn

Peter Lynn — Thu, 24 May 2018 15:27:12 +0000

Hi Ted—Interesting that one of the Justices seems to have a different take on it, arguing that the Transamerica test should only be applied to liability proceedings rather than enforcement. His argument seemed to be favouring the LAPs, although ultimately it was the RICO findings (which the Canadians have up to now said very little) that led him to concur. Although success in Canadas Supreme Court looks unlikely, if they were to follow this argument and decide to make their own determination of the validity of the Ecuadorian judgement, then maybe it’s not dead yet.