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Goodmans Publications

The Subsidiary Entity

August-1-2019

Lawyer Neill May
Area Corporate Finance and Securities

Summary

Article originally published in Canadian Lawyer Mag, August 2019

Excerpt from "The Subsidiary Entity":

The Supreme Court of Canada is set to release a decision where Nevsun Resources Ltd., a Canadian company, has been sued for complicity in forced labour, slavery and torture of workers at its subsidiary’s Bisha mine in Eritrea. Nevsun holds an indirect majority interest in the Bisha Mining Share Company, the balance of which is owned by an arm of the Eritrean government. Eritrea’s national service program and labour practices have been very widely criticized and condemned. The case turns in part on technical issues such as whether customary international law applies to private actors, but it also turns on questions of duty in tort and what Nevsun’s management knew about the treatment of employees at its mine.

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