In January 2019, the Supreme Court of Canada (“SCC”), will be hearing an appeal of Araya v Nevsun, 2017 BCCA 401 [Nevsun], which involves a group of Eritrean plaintiffs who filed a claim for damages at the Supreme Court of British Columbia (“BCSC”) against Nevsun Resources Ltd. (“Nevsun”), a Canadian mining company based in Vancouver, for gross […]
The idea of who directors and officers owe a fiduciary duty to has been debated for quite some time, both in the courts and within academia. Although this discussion has received complicated and mixed opinions, the age-old question unfolds rather simply: Does a corporation—its directors and officers included—owe a duty to non-shareholder stakeholders, or is […]
Canadian mining companies have been scrutinized for quite some time regarding some misbehaviour that has taken place in foreign countries. The most recent of these was the subject matter in Garcia v Tahoe Resources Inc, 2017 BCCA 39 [Garcia], which started in April of 2013. The story begins with a private security personnel, who was […]