Financial Post 11/06/2019
While funds keep flowing in to block Canada’s resource sector, foreign investment in our natural resource industries is at an all-time low. Photo: Financial Post
If Hollywood wasn’t so overtly biased against the oil and gas industry, it would find one heck of a plotline playing out between disbarred lawyer Steven Donziger, the fake Ecuadorian judgment he secured against Chevron, and the foreign-funded environmentalists attempting to destroy Canada’s natural resources industry.
A brief recap of the saga to date: Donziger, a Harvard law grad, secured a US$19.5-billion judgment in Ecuador against Chevron for alleged environmental damage supposedly done by Texaco, a company Chevron purchased in 2001. This, despite the fact that there had already been a clean up and the Ecuadorian government had explicitly released Chevron from any liability. But then Donziger’s team was found to have used witness tampering and bribery, and ghost wrote “expert reports,” court orders and even the original court judgment itself. A U.S court ruled that Donziger and his co-conspirators “attempted to extort billions of dollars from Chevron Corporation.”
The Ecuador judgment, eventually reduced to US$9.5 billion, was discovered to be so putridly corrupt that every nation on earth that Donziger took it to has since refused to enforce it — except our beloved Canada. Despite the stench of it, the Supreme Court of Canada in 2015 ruled that enforcement proceedings could commence against Chevron Canada, a subsidiary of Chevron Corp., even though under Canadian corporate law Chevron Canada is a completely separate legal entity from Chevron Corp. Our judges essentially said that global “comity” (read: our exceptional national politeness) required the judgment to be enforced here.
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