Mining @ Gowlings - March 7, 2012 - Volume 1, Number 1

Edited by David McIntyre

In this issue:

• Bringing the Fight to Canada

Bringing the Fight to Canada

By: Kyle Magee and Janet Howard

Overview

The recent decision of the Ontario Court of Appeal in the case of Piedra v. Copper Mesa Mining Corporation¹ is of interest to Canadian mining companies with foreign operations, their boards of directors and the Canadian stock exchanges on which their securities are listed. Among other issues, the case raises an interesting question as to whether Canada is the proper forum to address wrongs in foreign jurisdictions by agents of Canadian corporations.

In the case of Piedra, the Court considered whether a duty of care was owed to local residents in a community neighbouring an Ecuadorian mine operated by Copper Mesa Mining Corporation ("Copper Mesa"), a junior mining company incorporated in British Columbia with its shares listed on the Toronto Stock Exchange.