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3 Jun 2015

Jennifer Brown, Canadian Lawyer InHouse

Tahoe Resources challenges jurisdiction of Canadian Courts to hear claims over alleged injuries to protesters in Guatemala

"B.C. mining company latest to be challenged in Canada for alleged actions abroad", 1 Jun 2015

During a three-day hearing last month, Tahoe Resources Inc. asked the Supreme Court of British Columbia to dismiss a civil lawsuit launched by plaintiffs in Guatemala on the basis Canadian courts don’t have jurisdiction. The company says the claims should be heard by Guatemalan courts, not in B.C...The case is similar to one involving Hudbay Minerals...“In our case, Tahoe wanted to challenge jurisdiction. They knew Hudbay had abandoned it but in their case felt they needed to pursue it,” says Karen Carteri, the lawyer for Tahoe Resources and partner with McMillan LLP in Vancouver. In the Tahoe case, seven Guatemalan nationals are seeking damages for injuries allegedly suffered in an incident in Guatemala...The lawsuit originates as a result of alleged actions by security guards who were trying to disperse protesters...This is the first case where jurisdiction of the Canadian court is being challenged and the court has heard the application...Carteri insists Tahoe has “very limited connecting factors” to B.C... [Also refers to Loblaw’s Joe Fresh, Minera San Rafael, Nevsun]