Access to Justice

Yaiguaje v. Chevron Corporation [2017] ONCA 827

Yaiguaje v. Chevron Corporation [2017] ONCA 827 (October 31, 2017)
Court of Appeal for Ontario

Ecuadorian community members filed an action in Canada for recognition and enforcement of an Ecuadorian court judgment holding Chevron accountable for environmental harm from petroleum development in the Amazon.  The Superior Court of Justice granted Chevron’s motion for summary judgment and dismissed the plaintiffs’ claim against Chevron (Yaiguaje v. Chevron Corporation [2015] ONSC 135).

Raub Australian Gold Mining Sdn. BHD v. Hue Shieh Lee

Raub Australian Gold Mining Sdn. BHD v. Hue Shieh Lee  (21 October 2016)
Malaysia Court of Appeal

Hue Shieh Lee is a resident of Bukit Koman and Vice President of a community organization formed to look after the health and welfare of residents impacted by a gold-processing facility operated by Raub Australian Gold Mining (Raub).

Raub filed a defamation claim against Hue Shieh Lee for statements she made about the company in two published news articles.

Lungowe v. Vendanta Resources PLC

Lungowe v. Vendanta Resources PLC [2016] EWHC 975 (TCC) (May 7, 2016)
England and Wales High Court (Technology and Construction Court)

More than 1,800 residents of four Zambian communities near the Nchanga copper mine brought an action in the UK against Vendanta Resources (Vendanta) and Konkola Copper Mines (KCM) for harm arising out of pollution and environmental damage caused by mining operations. 

Jam v. International Finance Corporation, No.15-612 (D.D.C. 2016) (U.S. District Court for the District of Columbia) (International Finance Corp. immune from suit)

Jam v. International Finance Corporation, No. 15-612 (D.D.C. 2016) 
A U.S. District Court dismissed a case filed against the International Finance Corporation (IFC) concerning the IFC's financing of the Tata Mundra iltra-mega coal-fired power plant in India on the ground that the IFC is immune from suit.  

Click on the link to access of .pdf of the decision. 

Greenpeace India Society v. Union of India

Greenpeace India Society v. Union of India, W.P. (C) 5749/2014 (January 20, 2015)
High Court of Delhi at New Delhi

Greenpeace India challenged directions issued by the Ministry of Home Affairs blocking Greenpeace India’s access to funds transferred to it from foreign donors through legitimate banking channels.  Greenpeace India established that it was properly registered under the Foreign Contributions Regulation Act (FCRA) and regularly filed necessary returns with the Ministry of Home Affairs. 

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