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What was Garcia v. Tahoe Resources and what precedent does it set?

According to the cited documentsSocial licence

Lawsuit filed in Canada

18 June 2014

2014Business & Human Rights Resource Centre

According to the Business & Human Rights Resource Centre (BHRRC), on Jun 18, 2014 seven Guatemalan men sued Tahoe Resources in Canada for damages over injuries allegedly suffered during a shooting outside the company's Escobal silver mine in April 2013; the plaintiffs, residents of San Rafael Las Flores, the Guatemalan town where the mine is located, allege that they were injured when Tahoe's security personnel opened fire on them during a peaceful protest against the mine. The case summary published by the Supreme Court of Canada states that the action was brought in the Supreme Court of British Columbia, that Tahoe is a British Columbia company with a registered office in that province, and that Tahoe conceded that British Columbia has jurisdiction but asked the court to decline to exercise it on the ground that Guatemala was the more appropriate forum. In November 2015 a British Columbia Supreme Court judge declined jurisdiction; the British Columbia Court of Appeal overturned that decision (2017 BCCA 39, judgment dated 26 January 2017) and, according to the BHRRC, said it has jurisdiction because it would be difficult for the plaintiffs to have a fair trial in Guatemala. On Jun 8, 2017 the Supreme Court of Canada dismissed Tahoe's application for leave to appeal, with costs, which according to the BHRRC cleared the way for the case to be tried in Canada. The reach the sources document is a forum one (forum non conveniens is among the keywords of the Supreme Court of Canada's summary): the result was that a claim against a company with a registered office in British Columbia over a shooting that took place in Guatemala was left open to be tried in Canada; the Canadian Centre for International Justice, in a note listed on the BHRRC page, presented the British Columbia court decision that let the lawsuit go to trial as a 'milestone'. Pan American Silver acquired Tahoe Resources on 22 February 2019 and on Jul 30, 2019 settled with the Guatemalan plaintiffs and publicly apologised to the victims and the community.

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  • British Columbia Court of Appeal judgment (2017 BCCA 39)26 January 20172017Corte Suprema de Canadá
  • Supreme Court of Canada dismisses Tahoe's application for leave to appeal, with costs8 June 20172017Corte Suprema de Canadá
  • Pan American Silver acquires Tahoe Resources22 February 20192019Business & Human Rights Resource Centre
  • Pan American Silver settlement and public apology30 July 20192019Business & Human Rights Resource Centre

Sources

  • Business & Human Rights Resource Centre

    Tahoe Resources lawsuit

    • Lawsuit filed in Canada
    • Pan American Silver acquires Tahoe Resources
    • Pan American Silver settlement and public apology
    business-humanrights.orgAccessed Sep 13, 2026Go to the source
  • Supreme Court of Canada

    Expediente 37492, Tahoe Resources Inc. v. Adolfo Agustin Garcia, et al.

    scc-csc.caAccessed Sep 14, 2026Go to the source