Araya v. Nevsun Resources Ltd.

Araya v. Nevsun Resources Ltd.

The Court granted the application in part, holding that a limited set of interrogatories is relevant and proportionate at this stage to obtain foundational damages information and to assist bellwether selection; Nevsun may select ten plaintiffs (excluding the recently commenced Mekonen action) to answer the interrogatories under oath on a court-ordered schedule, with liberty to vary the schedule by agreement or further order; costs in the cause.

Citation
2018 BCSC 808
Parties
Plaintiff/respondent: Gize Yebeyo Araya; Plaintiff/respondent: Kesete Tekle Fshazion; Plaintiff/respondent: Mihretab Yemane Tekle; Defendant/applicant: Nevsun Resources Ltd.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 April 2018
Procedural Posture
Civil Actions Under Judicial Case Management Involving Allegations of Forced Labour and Related Tort Claims / Pre Trial Discovery/applications (judicial Case Management, Interlocutory Application for Interrogatories)
Outcome
Application granted in part (limited interrogatories ordered)
Legal Topics
Interrogatories, Examinations for Discovery, Damages, Judicial Case Management, Bellwether Process, Proportionality
Source Language
English
Civil Procedure Discovery Tort Human Rights International Law Interrogatories Examinations for Discovery Damages +3 more

Case Brief

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Parties

Gize Yebeyo Araya

Plaintiff/respondent

Kesete Tekle Fshazion

Plaintiff/respondent

Mihretab Yemane Tekle

Plaintiff/respondent

Nevsun Resources Ltd.

Defendant/applicant

Procedural Posture

Civil Actions Under Judicial Case Management Involving Allegations of Forced Labour and Related Tort Claims / Pre Trial Discovery/applications (judicial Case Management, Interlocutory Application for Interrogatories)

Legal Issues

  1. 1 Whether the Court should grant leave under Rule 7-3(1) to serve interrogatories
  2. 2 Whether the proposed interrogatories are relevant to issues raised in the pleadings
  3. 3 Whether the interrogatories are premature, duplicative or unduly burdensome

Ratio Decidendi

The Court granted the application in part, holding that a limited set of interrogatories is relevant and proportionate at this stage to obtain foundational damages information and to assist bellwether selection; Nevsun may select ten plaintiffs (excluding the recently commenced Mekonen action) to answer the interrogatories under oath on a court-ordered schedule, with liberty to vary the schedule by agreement or further order; costs in the cause.

Court Disposition

Application granted in part (limited interrogatories ordered)

Orders

  • Nevsun to select 10 plaintiffs from all actions except the Mekonen action to answer the interrogatories under oath
  • Schedule for responses: by May 15, 2018 Nevsun to identify first 4 plaintiffs with responses due June 30, 2018