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Article

9 Dec 2014

Author:
H. Scott Fairley & Anastasija Sumakova, WeirFoulds LLP

Canadian courts increasingly used in litigation to hold companies accountable for human rights abuse abroad, says law firm

Canada: Tort Liability At Home For Alleged Wrongs Abroad: The Common Law Goes Extraterritorial?, 2 Dec 2014

…[S]everal recent decisions [in Canada] suggest a new type of extraterritorial tort liability for alleged violations of international human rights in foreign jurisdictions to which Canadian companies…may be exposed…The fact that many of these companies are either based in or have asset-based connections to Canada also suggests that Canadian courts may become a centre for litigation of this kind…What remains to be resolved [for] particular cases such as Hudbay and Tahoe is what legal effect customary international norms have once they are incorporated into domestic law…[I]t remains to be seen whether…international law can support the creation of new causes of action aimed specifically at civil liability for violations of international human rights, and what standard of liability will be applied for those claims…[Also refers to Copper Mesa Mining, Nevsun Resources]

Part of the following timelines

Copper Mesa Mining lawsuit (re Ecuador)

Nevsun lawsuit (re Bisha mine, Eritrea)

Tahoe Resources lawsuit (re Guatemala)