Araya v. Nevsun Resources Ltd, 2017 BCCA 401
| Jurisdiction | British Columbia |
| Court | Court of Appeal (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 |
| Docket Number | CA44025 |
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32 practice notes
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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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Nevsun Resources Ltd. v. Araya, 2020 SCC 5
...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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Introduction
...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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11 cases
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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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Nevsun Resources Ltd. v. Araya, 2020 SCC 5
...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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Strohmaier v. K.S., 2019 BCCA 388
...The standard will be even more deferential where the order is made by a case management judge: see Araya v. Nevsun Resources Ltd., 2017 BCCA 401 at paras. 109–111; and Haida Nation v. British Columbia (Attorney General), 2018 BCCA 462 at paras. [23] The appellants submit that this high degr......
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British Columbia v. The Jean Coutu Group (PJC) Inc.,
...The standard will be even more deferential where the order is made by a case management judge: see Araya v. Nevsun Resources Ltd., 2017 BCCA 401 at paras. 109 — 111; and Haida Nation v. British Columbia (Attorney General), 2018 BCCA 462at paras. 20 — 21. [Emphasis ad......
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7 firm's commentaries
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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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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 Kloosterman 4 See John Kloosterman, Michael Congiu, Stefan Marcu......
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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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Supreme Court Of Canada Case In Depth: Nevsun Resources Ltd. v. Araya, 2020 SCC 5.
...and as such, while novel, their claims based on CIL principles should proceed to trial. The British Columbia Court of Appeal's Decision (2017 BCCA 401) With the exception of his ruling denying the action to proceed as a representative action, Nevsun appealed all of Abrioux J.'s findings to ......
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12 books & journal articles
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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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Introduction
...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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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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