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CIVIL PROCEDURE - Pleadings - Striking out pleadings or allegations - Grounds - Failure to disclose a cause of action or defence - Lack of jurisdiction

Monday, December 04, 2017 @ 12:37 PM  

Appeal by the defendant, Nevsun Resources, from an order refusing to strike, stay or dismiss the action by the plaintiffs, Araya, Fshazion and Tekle. The plaintiffs were refugees of Eritrea and the defendant was a British Columbia publicly held company. The plaintiffs alleged the defendant entered into a commercial gold mining venture with Eritrean state-owned or state-controlled companies. They alleged that Eritrea, as a rogue state, arranged for building the mine using forced conscripted labour characterized by slavery, coercion, threats of torture, and crimes against humanity....