Big Suits | 33
BIG
SUITS
Compiled By Ahmad Hathout
CHOC v. HUDBAY MINERALS
Decision date: July 22, 2013
In Angelica Choc et al v. Hudbay Minerals Inc et al and two related actions, the
Ontario Superior Court of Justice ruled that it is possible that Canadian parent
corporations could be held legally responsible in Canada for human rights abuses
at a foreign subsidiary's operations.
The plaintiffs are 13 indigenous Mayan Guatemalans who brought three related
lawsuits against Canadian mining company Hudbay Minerals over alleged human
rights abuses committed by security personnel working for its wholly owned
subsidiary at its subsidiary's mining operation in El Estor, Guatemala.
In Margarita Caal Caal v. Hudbay Minerals Inc, the eleven plaintiffs allege
that they were each gang-raped by mine company security personnel, police and
military during their forced removal from their village of Lote Ocho, which is
located on land claimed to be owned by Hudbay's subsidiary. At the time of these
alleged rapes, Hudbay had no ownership interest in the mining operation.
LEXPERT®Ranked Lawyers
Rowley, QC, J.
William
McMillan LLP
(416) 865-7008
wrowley@20essexst.com
Described as one
of London's "SuperArbitrators," Mr. Rowley
is Chairman Emeritus
of McMillan. He
accepts appointments
for international
commercial and
investment treaty
arbitration through 20
Essex Street Chambers.
Russell, QC, Bruce S.
Saint-Onge, Jean
Sarabia, Luis G.
Schabas, Paul B.
Scott, Charles F.
McInnes Cooper
Lavery, de Billy, L.L.P.
(902) 444-8601
bruce.russell@
mcinnescooper.com
(514) 877-2938
jsaintonge@lavery.ca
Davies Ward Phillips &
Vineberg LLP
Blake, Cassels &
Graydon LLP
Lax O'Sullivan Scott
Lisus LLP
(416) 367-6961
lsarabia@dwpv.com
(416) 863-4274
paul.schabas@blakes.com
(416) 646-7997
cscott@counsel-toronto.com
Mr. Sarabia has acted
as lead counsel in takeover bids, change of
control litigation and
several international
arbitrations. He has
significant expertise
in international
mining litigation often
involving Spanishspeaking parties.
Mr. Schabas handles
complex litigation
and arbitrations. He is
a highly experienced
trial and appellate
lawyer and has argued
numerous cases in the
Supreme Court.
Mr. Scott provides
effective representation
in complex commercial,
securities, shareholder,
insolvency, class-action
and employment cases
in trial and appellate
courts. He is an ACTL
Fellow and an arbitrator
(MCIArb).
Mr. Russell, QC,
formerly a federal
Justice tax litigator,
acts for taxpayers
in Canada Revenue
Agency disputes at
all administrative and
court levels. Also, he
is in his tenth year
as founding editor
of Tax Hyperion,
a subscription tax
newsletter.
Mr. Saint-Onge's law
practice focuses on
class actions, product
liability, competition
law and environmental
law. He has represented
major corporations
in multijurisdictional
and cross-border
class actions; Fellow,
Litigation Counsel
of America.
