Caso Chevron

Ecuadorean Plaintiffs' Canadian Suit Against Chevron Is Finally Dismissed

On July 5 they consented to an unconditional and permanent dismissal of Yaiguaje v. Chevron Corporation et al.  More significantly, they have agreed to pay Chevron for court costs associated with the case.

Forbes - Michael I. Krauss 08/07/2019

Photo: Forbes

Photo: Forbes

One of the last slim reeds of hope of defenders of the $9.5 billion judgment fraudulently obtained against Chevron Corporation by adjudicated racketeer and suspended lawyer Steven Donziger and his Ecuadorean allies was in Canada. Prior Canadian court decisions had essentially gutted any possibility of collection of the Ecuadorian judgment against Chevron Canada, a distinct entity. The case had, it is true, not been legally dismissed, though those of you who follow this column knew that the Canadian bell would soon toll.

To recall:  because Chevron Corporation never had assets in Ecuador, plaintiffs attempted to enforce the Ecuadorian judgment in other jurisdictions. In the Canadian action, Donziger and his associates sought enforcement against both Chevron Corporation, which has no assets in Canada, and Chevron Canada Limited, which was not a party to the Ecuadorian lawsuit. In April the Supreme Court of Canada rejected plaintiffs' request to review a decision of the Court of Appeal for Ontario that the Ecuadorian judgment against Chevron Corporation cannot be enforced against Chevron Canada Limited.  That decision left nothing for the plaintiffs to attack but the suit against Chevron itself. As we wrote, it was inevitable that the suit would be abandoned.

Chevron's attorneys properly moved to dismiss the action against it, on the grounds that all further efforts to continue the lawsuit would be an abuse of Canada’s legal system, a waste of its judicial resources, and contrary to international law. Today I'm writing to inform you that the Ecuadorian plaintiffs' attorneys have now bitten the bullet.  On July 5 they consented to an unconditional and permanent dismissal of Yaiguaje v. Chevron Corporation et al.  More significantly, they have agreed to pay Chevron for court costs associated with the case.  A court order was issued legally ratifying this agreement.  Here's a link to the order.

This closes the case in Canada, except of course for the calculation of the costs due to Chevron.  Efforts to enforce the fraudulent judgment in Brazil, Argentina, Gibraltar, the United States and through international tribunals have also been defeated.  Only in Ecuador does the judgment have legal effect and, as stated above, Chevron has no assets there.

Will Steven Donziger continue to sell shares of his future "recovery?"

Fuente Original

Notas relacionadas

ver más