Court sets aside cash order in Ecuadorians’ appeal of Chevron decision
TORONTO — Ecuadorian villagers do not need to put up almost $1 million before they can pursue a claim against oil behemoth Chevron, Ontario’s top court ruled Tuesday.
In its decision, the Court of Appeal said it would be unfair to force the villagers to put up the cash deposit to cover Chevron’s legal costs should they lose their challenge.
“An order for security for costs should only be made where the justness of the case demands it,” the Appeal Court said. “Courts must be vigilant to ensure an order that is designed to be protective in nature is not used as a litigation tactic to prevent a case from being heard on its merits.”
The villagers are asking the Canadian courts to make Chevron Canada pay a hard-fought US$9.5-billion award they won in Ecuador against U.S.-based Chevron Corp. in 2013 for environmental devastation and the health problems caused.