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Canadian mining company HudBay Minerals Inc. can potentially be held liable for alleged violence at a Guatemalan mine owned by a subsidiary, a Ontario Superior Court judge has ruled in what plaintiffs say is a precedent-setting case.
Madame Justice Carole Brown’s ruling, handed down Monday, means that the claims of 13 Guatemalans can proceed to trial in Canadian courts, according to Murray Klippenstein, lawyer for the plaintiffs.
Mr. Klippenstein had argued that HudBay itself can be held liable for alleged negligence in the case, alleging that HudBay executives made decisions for its subsidiary regarding security at the mine, relations with local indigenous people and the “forced evictions” of Mayan protestors claiming the mine is theirs.
Lawsuits were launched against HudBay after clashes that pitted protestors against security details at the Fenix nickel mine in 2007 and 2009. The allegations have not been proven and HuBay has since sold the mine.