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ARTICLE · 18 NOVEMBER 2015

British Columbia Lawsuit By Guatemalan Plaintiffs Against Tahoe Resources Inc. Stayed On Forum Non Conveniens Grounds

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In a decision with important implications for Canadian companies with foreign operations, the Supreme Court of British Columbia declined jurisdiction to hear a claim brought against Tahoe Resources Inc. (Tahoe) in British Columbia.

CanadaLitigation, Mediation & Arbitration
McMillan LLP
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In a decision with important implications for Canadian companies with foreign operations, the Supreme Court of British Columbia declined jurisdiction to hear a claim brought against Tahoe Resources Inc. (Tahoe) in British Columbia.

On June 18, 2014, seven Guatemalan residents brought a claim against Tahoe in the Supreme Court of British Columbia seeking damages, including punitive damages, for negligence and battery based on various grounds, including alleged human rights violations(the Claim). The Claim relates to an incident that occurred on April 27, 2013 outside of the Escobal Mine in San Rafael Las Flores, Guatemala, which is operated by Tahoe's wholly-owned subsidiary, Minera San Rafael S.A. (MSR). On that date, a group of individuals, including the plaintiffs, assembled in front of the gates of the Escobal Mine. The plaintiffs allege that they suffered multiple bodily injuries as a result of actions taken by mine security personnel.

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