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ARTICLE · 01 OCTOBER 2019

Pan American Silver Resolves Human Rights Claim Against Tahoe

Borden Ladner Gervais LLP
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On July 30, Pan American Silver announced the resolution of Gracia v. Tahoe Resources Inc. This marks the conclusion of the first of three claims against Canadian mining companie

United StatesGovernment, Public Sector

On July 30, Pan American Silver announced the resolution of Gracia v. Tahoe Resources Inc. This marks the conclusion of the first of three claims against Canadian mining companies by foreign plaintiffs relating to allegations of human rights abuses abroad.

The Garcia case concerned the 2013 shooting of protestors by security forces at the Escobal mine in Guatemala, owned and operated by Minera San Rafael, a subsidiary of BC's Tahoe Resources. Individuals injured in the shooting brought their claim against Tahoe in British Columbia, seeking to pierce the corporate veil. Tahoe initially succeeded at dismissing the claim, but the BC Court of Appeal overruled the trial court decision. The Supreme Court of Canada denied leave to appeal in 2017 and the case was proceeding to trial on the merits.

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