Araya v. Nevsun Resources Ltd
| Jurisdiction | British Columbia |
| Judge | The Honourable Madam Justice Newbury,The Honourable Mr. Justice Willcock,The Honourable Madam Justice Dickson |
| Citation | 2017 BCCA 401 |
| Date | 21 November 2017 |
| Court | Court of Appeal (British Columbia) |
| Docket Number | CA44025 |
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44 practice notes
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Nevsun Resources Ltd. v. Araya
...APPEAL from a judgment of the British Columbia Court of Appeal (Newbury, Willcock and Dickson JJ.A.), 2017 BCCA 401, 4 B.C.L.R. (6th) 91 , 419 D.L.R. (4th) 631 , 12 C.P.C. (8th) 225, [2017] B.C.J. No. 2318 (QL), 2017 CarswellBC 3232 (WL Can.), affirming a decision of Abrioux J., 2016 B......
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Table of Cases
...aff’d (2008), 237 OAC 261, 2008 CanLII 27471 (Div Ct) ................................................ 507 Araya v Nevsun Resources Ltd, 2017 BCCA 401, leave to appeal to SCC granted, [2018] SCCA No 26 .............................................................. 614 Archibald v Sutherland......
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Class Actions, Climate Change, and the Charter: Is Success Possible in Common Law Canada?
...that failed the cause of action, and 2016 BCSC 1856, 408 DLR (4th) 383 [Nevsun BCSC]; see also 2017 BCSC 336, [2017] BCWLD 1687, aff’d 2017 BCCA 401 [Nevsun BCCA], leave to appeal to SCC granted, 37919 (14 June 2018) [Nevsun SCC]. 9 Rana Plaza, above note 7 at paras 5, 145, 207, and 218ff. ......
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L’oratoire Saint-joseph Du Mont-royal v Jj and the Growing Complexity of Quebec’s Authorization Criteria
...that failed the cause of action, and 2016 BCSC 1856, 408 DLR (4th) 383 [Nevsun BCSC]; see also 2017 BCSC 336, [2017] BCWLD 1687, aff’d 2017 BCCA 401 [Nevsun BCCA], leave to appeal to SCC granted, 37919 (14 June 2018) [Nevsun SCC]. 9 Rana Plaza, above note 7 at paras 5, 145, 207, and 218ff. ......
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23 cases
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Nevsun Resources Ltd. v. Araya
...APPEAL from a judgment of the British Columbia Court of Appeal (Newbury, Willcock and Dickson JJ.A.), 2017 BCCA 401, 4 B.C.L.R. (6th) 91 , 419 D.L.R. (4th) 631 , 12 C.P.C. (8th) 225, [2017] B.C.J. No. 2318 (QL), 2017 CarswellBC 3232 (WL Can.), affirming a decision of Abrioux J., 2016 B......
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Nevsun Resources Ltd v Araya
...action. 22. Writing for a unanimous court, Newbury JA upheld Abrioux J's rulings on the forum non conveniens and evidence applications (2017 BCCA 401). As for the act of state doctrine, Newbury JA noted that no Canadian court has ever directly applied the doctrine, but that it was adopted i......
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2025 BCSC 92
...framework of the Province's allegations supporting the existence of common issues: Araya v. Nevsun, 2016 BCSC 1856 at para. 138(b), aff'd 2017 BCCA 401; Schwoob v. Bayer Inc., 2013 ONSC 2207 at para. 39; s. 5 of the ORA. The information in these publications is useful not for its truth as o......
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British Columbia v Apotex Inc.
...framework of the Province's allegations supporting the existence of common issues: Araya v. Nevsun, 2016 BCSC 1856 at para. 138(b), aff'd 2017 BCCA 401; Schwoob v. Bayer Inc., 2013 ONSC 2207 at para. 39; s. 5 of the ORA. The information in these publications is useful not for its truth as o......
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7 firm's commentaries
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Canada Announces Two New Initiatives To Hold Companies Accountable For Human Rights Violations Abroad
...Chain Activities: Recent Developments in California and Canada, Littler Insight (Feb. 15, 2017). 5 Araya v. Nevsun Resources, Ltd., 2017 BCCA 401 (Court of Appeal for British Columbia, November 21, 2017). Michael G. CongiuJohn KloostermanLavanga WijekoonStefan Marculewicz function JDS_LoadE......
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Mining Company Asks Supreme Court To Hear Its Challenge To Allegations Of Human Rights Abuses In Eritrea
...for permission to appeal to the Supreme Court of Canada. Emerging "Transnational" Legal Principles Araya v. Nevsun Resources Ltd., 2017 BCCA 401 [Nevsun]1 is one of several Canadian lawsuits grounded on the emerging area of "transnational" law. Transnational law concerns the legal standards......
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Mining Company Asks Supreme Court to Hear Its Challenge to Allegations of Human Rights Abuses in Eritrea
...for permission to appeal to the Supreme Court of Canada. Emerging “Transnational” Legal Principles Araya v. Nevsun Resources Ltd., 2017 BCCA 401 [Nevsun]1 is one of several Canadian lawsuits grounded on the emerging area of “transnational” law. Transnational law concerns the legal standards......
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Dentons 2020 proxy season update
...Slavery in Supply Chains, May 2019. ↩ Araya v. Nevsun Resources Ltd., 2017 BCCA 401. 2017 BCCA 39. This also involves alleged labour violations at an overseas mine. ↩ These involved a global retailer and a global food and drinks company. ↩ SEDAR+ Frequently Asked Questions. ↩ da.ca/en/emplo......
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13 books & journal articles
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Crown Immunity in Class Proceedings: The Injustice of Barring Institutional Historical Abuse Claims
...that failed the cause of action, and 2016 BCSC 1856, 408 DLR (4th) 383 [Nevsun BCSC]; see also 2017 BCSC 336, [2017] BCWLD 1687, aff’d 2017 BCCA 401 [Nevsun BCCA], leave to appeal to SCC granted, 37919 (14 June 2018) [Nevsun SCC]. 9 Rana Plaza, above note 7 at paras 5, 145, 207, and 218ff. ......
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Linking Societal Injustice and Legalization: Potential of Canadian Class Actions in Addressing International Human Rights Violations Committed By Canadian Corporations Abroad
...that failed the cause of action, and 2016 BCSC 1856, 408 DLR (4th) 383 [Nevsun BCSC]; see also 2017 BCSC 336, [2017] BCWLD 1687, aff’d 2017 BCCA 401 [Nevsun BCCA], leave to appeal to SCC granted, 37919 (14 June 2018) [Nevsun SCC]. 9 Rana Plaza, above note 7 at paras 5, 145, 207, and 218ff. ......
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Table of Cases
...aff’d (2008), 237 OAC 261, 2008 CanLII 27471 (Div Ct) ................................................ 507 Araya v Nevsun Resources Ltd, 2017 BCCA 401, leave to appeal to SCC granted, [2018] SCCA No 26 .............................................................. 614 Archibald v Sutherland......
-
Class Actions, Climate Change, and the Charter: Is Success Possible in Common Law Canada?
...that failed the cause of action, and 2016 BCSC 1856, 408 DLR (4th) 383 [Nevsun BCSC]; see also 2017 BCSC 336, [2017] BCWLD 1687, aff’d 2017 BCCA 401 [Nevsun BCCA], leave to appeal to SCC granted, 37919 (14 June 2018) [Nevsun SCC]. 9 Rana Plaza, above note 7 at paras 5, 145, 207, and 218ff. ......
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