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In milestone, BC Court clears Guatemalans’ lawsuit against Vancouver mining company to go to trial

The British Columbia Court of Appeal today rejected efforts by Tahoe Resources Inc. to dismiss a lawsuit brought by seven Guatemalan men for injuries they suffered during the violent suppression of a peaceful protest at Tahoe’s mine in Guatemala.  The ruling represents the first time that a Canadian appellate court has permitted a lawsuit to advance against a Canadian company for alleged human rights violations committed abroad.  In the judgment, the Court of Appeal overturned a lower court decision that had found Guatemala was the more appropriate venue for the case.  The Court of Appeal ruled that several factors, including evidence of systemic corruption in the Guatemalan judiciary, pointed away from Guatemala as a preferable forum, thereby keeping the case in British Columbia.  The court concluded that “there is some measurable risk that the appellants will encounter difficulty in receiving a fair trial against a powerful international company whose mining interests in Guatemala align with the political interests of the Guatemalan state.”...Until recently, the legal doctrine of forum non conveniens had been an obstacle for foreign victims of corporate abuse seeking redress in Canadian courts...“Despite a lack of regulation by the Canadian government, we hope these recent developments in the courts signal an end to corporate impunity for human rights violations,” Eisenbrandt said...

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Perfil de demanda judicial contra Tahoe Resources por actividades en Guatemala

Court rules lawsuit against Tahoe Resources over shooting at Guatemalan mine can proceed in Canada