Parties (including rapists) that settle their crimes without publicly admitting guilt/liability and the lawyers are the only winners. Settlement costs (and legal fees) are written off with little, if any, monetary loss to corporate criminals with the big bonus of being legally allowed to claim innocence in a variety of wordy ways.
NGOs loudly cheer these ghoulish legal tricks to get their share in the gag profits via donations.
Settling ensures harms by Hudbay and other companies continue and is an intentional legal-judicial design to keep the status quo raping the masses, notably the poor, earth and other species, and which I refused from the first day I chatted with Klippenstein in 2007.
Slides above from Ernst presentations; Last two are of Ernst Presentation to UNANIMA, UN Church Centre, New York, October 1, 2011
My adamant refusal to let Klippenstein gag me and violate the public interest is why I believe he treated me as dishonestly and cruelly as he did, with blessings from his self regulator the LSO (of which he is on the board). Perhaps now Klippenstein will make time to return my files (which I paid for in full) but I doubt it.
Snap above taken in 2019 from Joshua Sealy-Harrington’s twitter
Photo below is of Murray Klippenstein at a June 27 2019 LSO board meeting
Why? To appear honest to get re-elected to the board of Ontario’s LSO?
On the main page of his law firm’s website, Mr. Klippenstein used my name, image and case without permission or specifying he quit in 2018, betraying me and the public interest, lying and brutalizing me after he did.
I can’t help but wonder now if Klippenstein was serving the defendants all along, dragging me harmfully out, year after year after year, taking more and more and more of my savings.
Lies and betrayals by lawyers are expensive.
In my read of his statements and those by other lawyers, Klippenstein quit my case to enable racism in the legal industry and work to get on the board of his self regulator. Klippenstein stated when and after he quit that measures by the LSO (discovered later were to counter racism in the legal industry) forced him to close his firm and destroyed his career, which is clearly untrue. He did not quit other cases he took on years after taking on mine and chased new ones; he continues advertising his firm while using me and my case for more than four years after he quit. He withheld my website and trust funds, lied about me to the court in an Affidavit and violated my client solicitor privilege, etc. Fitting to have such a lawyer on the board of the “regulator” that licences known convicted pedophiles, giving them protected access to children.
The snap below was taken in 2022 from Klippensteins’ website main page:
Screen shot above taken by Ernst.
Note Klippensteins’ copyright “2022” at the bottom of the snap.
Second paragraph from About Klippensteins stated:
We are justice-centered, which means that we care both about our clients and about providing the particular solutions they need, and also about doing work which will enhance our communities and make our common world a better place.
How is it caring to take advantage of a client after lying to them, quitting and brutalizing them?
Encana and the Alberta gov’t received excellent solutions from my legal team; I got my savings drained and still suffer life threatening frac-contaminated water.
How does lying and quitting and taking advantage of clients make anything anywhere better?
I watched for years to see if Klippenstein would state on his website that he quit my case. He did not. That’s dishonest. Again, fitting to have such a lawyer on the board of LSO, “regulator” that licences known convicted pedophiles.
Alex Neve@AlexNeve24:
Such a long & courageous road to justice for Angelina Choc & all the plaintiffs. Incredible lawyering by @corywanless & Murray Klippenstein. The ground they have broken in holding companies accountable for human rights is truly precedent settingHow the hell does anyone know this? The lawyers gagged the details! Lawyers that proved themselves in my case to be untrustworthy and dishonest. And how did they hold Hudbay accountable when the company publicly gets to say the agreement confirms no admission of liability? It’s standard shameful cowardly bending over serving Canada’s unfair, unjust legal-judicial industry and the status quo while helping corporations and their financiers keep raping humans, other species and earth.
Hudbay Minerals settles civil lawsuits regarding former operations in Guatemala by The Canadian Press, October 07, 2024, BNN Bloomberg
TORONTO — Hudbay Minerals Inc. has reached settlement agreements covering three civil lawsuits in connection with the Fenix nickel project in Guatemala that the company sold in 2011.
The company says the settlements conclude all outstanding legal matters related to its former activities in Guatemala.
The lawsuits related to the 2009 killing of Adolfo Ich Chamán, the 2009 shooting and paralysis of German Chub Choc, and the 2007 eviction of the Mayan community of Lote Ocho from the disputed Fenix mine lands during which 11 women allege they were sexually assaulted.
The settlement involves compensation to all 13 plaintiffs.
The sides agreed not to disclose the specific terms of the settlement including the amount paid in compensation, but the company says the agreement confirms the settlement is without admission of liability and that the parties continue to have fundamentally differing views on the facts underlying the allegations.
Hudbay acquired the Fenix project in 2008 and divested itself of its holdings in Guatemala in 2011. Before 2008, the Fenix mine was owned by Canadian company Skye Resources Inc., which was bought by Hudbay.
Lawyers for the plaintiffs called the agreement “a fair and reasonable settlement.”
“Over the past decade I have sat through multiple court hearings in Canada, endured days of questioning under oath in an office tower in Toronto and told the story of my husband’s death many painful times,” said Angelica Choc, widow of Adolfo Ich.
“At times, it was hard to have hope. Part of me thought that we would never see any real justice. But somehow we made it through this together, and I feel so much relief that this is over and that it has come to a good ending with a fair settlement.”
Hudbay chief executive Peter Kukielski said the cases have been outstanding for more than a decade and the board and management are pleased to bring them to a conclusion.
“In doing so, we recognized the difficult economic and social circumstances of the plaintiffs and we are thankful for a constructive resolution with the plaintiffs and their counsel,” Kukielski said in a statement.“Thankful” because what happened benefits Hudbay and their master, money? I bet Mr. Kulielski gets a heafy bonus for this settlement.
Hudbay Minerals Inc. (HBM.TO), Toronto – Toronto Real Time Price. Currency in CAD by Yahoo Finance
Hudbay Minerals real time price going up up up.
Hudbay settles lawsuits with Indigneous Mayans after decade-plus of litigation by Gabriel Friedman, October 7, 2024, Yahoo Finance
Hudbay Minerals Inc. has settled three lawsuits filed more than a decade ago in Ontario by members of a remote Indigenous community in Guatemala accusing the Toronto-based miner of negligence after a series of brutal expulsions left one person dead, another paralyzed and others injured.
Terms of the settlement announced on Monday were not disclosed, but lawyers said the plaintiffs each received compensation.
Between 2007 and 2009, dozens of personnel from the Fenix nickel mine in eastern Guatemala, along with police and military, allegedly violently evicted the Indigenous Mayan community of Lote Ocho from their homes, according to allegations in the suit.
In the clash, 11 Mayan Q’eqchi’ women say they were allegedly sexually assaulted, community leader Adolfo Ich Cháman was assaulted with a machete, shot and killed, and another community member, Germán Chub Choc, was shot and left paralyzed.
Hudbay spent more than a decade fighting the case and framed the settlement as a positive because it concludes the litigation without having to admit liability.
“The terms agreed with the plaintiffs confirm the settlement is without admission of liability and the parties continue to have fundamentally differing views on the facts,” the company said in a press release.
Peter Kukielski, chief executive of Hudbay, said the settlement was a recognition of “the difficult economic and social circumstances of the plaintiffs.”
Hudbay purchased the mine in 2008 for $451 million and inherited liability at that time for the actions of the previous owners, but also faced allegations related to its own personnel.
Murray Klippenstein at Klippensteins Barristers & Solicitors, one of the lawyers for the plaintiffs, said his clients hope that their “tenacity and ordeal” will help protect other similarly situated people.Pffft! In my view, their case, which Klippensteins took on years after taking on mine, helped kill mine.
“The plaintiffs pursued justice in Ontario against a transnational Canadian corporation and ultimately obtained a fair and reasonable settlement. We think that corporate executives and investors alike may want to take note,” he said in a statement.They may, but won’t. As long as settle & gag rules the judical-legal industry, profit raping corporations and the lawyers on both sides win, while communities and families globally keep getting harmed and the rich get richer off their suffering and gags, and rapists keep raping and getting away with it.
One plaintiff, Angelica Choc, the widow of Ich Cháman, said she has travelled to Canada multiple times, endured days of questioning under oath in Toronto and was forced to retell the “painful” story of her husband’s death many times.
“Nothing can bring my husband back or undo the anguish felt by me, my family and the other plaintiffs, but I am glad that some measure of justice has been achieved,” she said in a statement.
The lawsuit against Hudbay helped usher in a new era of legal accountability since it was one of the first to try to hold a Canadian mining company liable for human rights abuses that occur abroad. Two other lawsuits that employed a similar legal theory were filed against other mining companies afterwards, both of which were settled years ago.
In one of those cases, Vancouver-based Pan American Silver Corp. in 2019 apologized to four Guatemalans who were shot in 2013 while demonstrating at the entrance to one of its mines in the country and also struck confidential legal settlements to end litigation in British Columbia accusing it of negligence.
Joe Fiorante at Camp Fiorante Matthews Mogerman LLP, who represented the plaintiffs in that case, said at the time that the claims were “part of an emerging legal framework” seeking to reconceptualize how mining companies can be held liable for actions that take place in other countries.But, are not. As long as lawyers deal in settle and gag, companies here and elsewhere are not held liable, the harms continue and usually escalate.
“I think the important part is the precedent it set in terms of opening up the Canadian court system for foreign plaintiffs to bring cases of this nature forward,” he said.Yes, brought foreign plaintiffs in and gagged them, punted Canadian plaintiff (me) out, by same fucking lying legal team.
… “It is true that I cannot really say that I am happy, because my personal and family life have been badly damaged forever by what happened,” Germán Choc Chub, who was left paralyzed, said in a statement. “But I can say that I am proud that we have stood up for ourselves, fought back, and achieved this positive result.”
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Oliver Groß@minenergybiz:
Is mining coming back?
Very interesting to see a lot of capital raising from #mining companies in the last few days and some really big deals:
- Cameco: US$500 million $CCJ
- Hudbay: US$300 million $HBM.to
- Iamgold: US$300 million $IAG
- Patriot Battery Metals: C$75 million $PMET.to
- Solaris Resources: C$35 million $SLS.to
- NexGen Energy: A$224M $NXE
- Equinox Gold: U$299M $EQX
It really seems that investors are coming back into the mining space.
Johnny Lambo@LamboJohnny:
WOW 2 BOUGHT DEALS AFTER HOURS!!! $300M USD EACH
IAMGOLD $IAG $IMG.to
HUDBAY $HBM $HBM.to
TORONTO IS BACK!!! MINING CYCLE STARTING…. engines warming up hahahah
Marika@Rattanutwat:
Toronto’s mining scene be like: Hold my maple syrup
Riley Rosebee@be_rosebee:
… New 52-Week Highs led New Lows — 95 vs. 7.
Hudbay Minerals ($HBM) is the best of the best.
Cabot Corp ($CBT) and PHINIA ($PHIN) are notable new highs.
InMode ($INMD) is the worst of the worst.
Click the link to view today’s 52W highs and lows sorted by followers on @Stocktwits
https://nofriends.beehiiv.com/p/4-9-2024
Refer also to:
Settlements used by corporations and the legal-judicial industry to cover-up crimes and pollution and harms to the public, and let criminal corporations off without admitting liability must be made illegal.
The corporate/legal/judicial teams know such gags put communities “down the street” at risk.
I know all too well how disgusting, expensive, stressful and abusive Canada’s “justice” industry is; I’ve watched it for decades. I spent over a decade in it only to get secrets and lies (including from judges on the case); named a terrorist – without any evidence – in AER’s 2012 legal filing with the judge punishing me not AER; defamed by the supreme court of Canada; lied to by my own lawyers; my savings devoured for nothing but Steve Harper getting his wish – our Charter damaged, and I remain with my home and land frac’d by Encana/Ovintiv: water too dangerous for even lawyers and judges to use to flush. Settlements are the easier way, but they are wrong, and must be stopped.
Settlements, like frac’ing, must be criminalized – everywhere.
Below is a legal advice recording (I had nothing to do with it) of the Alberta energy regulator’s outside lawyer on my case – Glenn Solomon, detailing to another frac-harmed family in Alberta, how Canada’s business as usual, Standard Legal Gag System works to protect criminal polluting corporations:
Glenn Solomon, Calgary lawyer:
“Encana has said look, you know, without admitting or denying liability…we just don’t care.”
“Okay we damaged your water well.”
“We’ll just set you up with potable water through a tank system forever, because, you know, we just spent a million dollars drilling this well that we made a hundred million on.”
“You know, we don’t need to litigate with you, we don’t even need to know that it was our fault. We’re just happy to pay you.”
“And by the way by doing that you shut up, the regulators stay off our back, we get to get to do it again down the street.”
Listen to Solomon’s legal advice 4:43 Min, recorded in Sept 2013, released publicly by the frac harmed family in Dec 2014.
Non-Disclosure Agreements “are, indeed, an ugly instrument.”
None of this settlement will come out of the pockets of the politicians leading Canada when the rights violations happened, or any of their soldiers of abuse and aggression – the police.
Only the people will pay.
Here’s a case slickly .. perfectly .. showing that the purpose of Canada’s law and courts is to make ordinary citizens pay for the crimes of the rich and powerful – even when they admit guilt, and to ensure rapes of kids and our environment/resources continue, to keep feeding their insatiable inhumane greed.
More settle ‘n gags to keep polluting and raping us?
Encana settled criminal charges by paying 5 times the maximum penality
Harper’s Gag Orders Sweep While Canadians Sleep
The Harper government wants to hide all of its secrets. …. a new order is now on the table that would dramatically expand the number of current – and former – federal government employees under a lifetime gag order, potentially curbing the right to free expression for thousands of Canadians.Harper and his Zionist Genocide-enabling Evangelicals hate Canada’s Charter
… What brought about this rush for hyper secrecy? The federal government provides this justification: The proposed Order would enable the Government of Canada to provide additional assurances to its international partners ultra racist genocidal Israel and its Zionist Facsist allies?….
Expanding the number of people potentially liable for up to 14 years of jail should require, at the very least, some indication that there is a problem on hand. None have been disclosed. …
Drillers Silence Fracking Claims With Sealed Settlements
Lifelong ‘frack gag’: Two Pennsylvania children banned from discussing fracking
The unacceptable price of secret settlement
… As a result of confidentiality settlement agreements, a defendant corporation that is conducting harmful business practices may freely continue engaging in the same practices after settlement, with no fear of public reprisal.
… Even when the plaintiff agrees to secrecy, the judge has the authority to protect the public interest and deny a secrecy agreement, but experts have found that most judges do not.(9) … Of course not, judges are the most powerful enablers of gags/NDAs/confidentiality agreements serving corporations, the rich and rapists (especially of kids) at the expense of justice, the harmed and public interest. I can’t decide which is more evil, the complicit judges or the complicit lawyers, including the many that claim they serve the public interest yet cheer when lawsuits conclude in gagging the harmed and let criminal corporations deny liability.
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The problem with the status quo is, the quo has long passed its status.
Lorne Fitch
