VANCOUVER (miningweekly.com) – The Court of Appeal for British Columbia on Thursday issued a ruling that civil legal action filed by claimants from Guatemala against dual-listed Tahoe Resources can be heard in the British Columbia court system.
Tahoe said it was reviewing the ruling, after which it would decide on whether to seek leave to appeal the latest ruling in the drawn-out battle.
Tahoe believes that the more appropriate jurisdiction to hear the case is in Guatemala.
The Court of Appeal ruling overturns an earlier decision by the Supreme Court of British Columbia declining jurisdiction because Guatemala was the more appropriate forum to adjudicate the claims.
“The company looks forward to defending the legal action regardless of the jurisdiction in which it is heard. Today's ruling does not impact current operations,” Tahoe said in a statement.
Seven Guatemalan protesters who were shot during a peaceful protest outside the Escobal silver/lead/zinc mine, in south-eastern Guatemala, launched the civil action in June 2014. The men are suing the company for negligence and battery after allegedly being shot at close range by Tahoe security guards. They are seeking punitive damages against the company.
The plaintiffs allege that Tahoe’s security personnel fired on them with shotguns and rubber bullets, inflicting serious wounds to their backs, feet, legs and a protester's face.