Palestinian village takes Canadian firms to court in Québec

[viper37]

Full Article

MONTREAL — A tiny Palestinian village that filed a lawsuit against two Canadian companies building apartments for Israeli settlers in the West Bank is just trying to have "one more kick at the can" with a case that has already been dealt with in Israel, the lawyer representing the two corporations argued Monday.
Ronald Levy told Quebec Superior Court that Bil'in village council doesn't have the power to file suit on behalf of villagers, and the mayor of the village, who died in January, was already found by an Israeli court not to be the owner of the land in question.
"This court needs to come to the conclusion that he is the owner of the land for this to go ahead," he said. "The courts in Israel have already determined he's not, therefore this action is in bad faith and abusive."
The lawsuit names Green Park International Inc. and Green Mount International Inc., as well as Annette Laroche as their sole director. It claims the companies are "aiding, abetting, assisting and conspiring with Israel" to illegally construct residential and other buildings on the village's lands.
One of the tools the plaintiffs are using is Canada's War Crimes and Crimes Against Humanity Act of 2000, which recognizes as a war crime an occupying power transferring parts of its own civilian population into the territory it occupies. The West Bank has been under Israeli military occupation since 1967.
It's the first attempt at applying the law in a civil case, but Levy argued that a civil action can't be taken based on an alleged violation of international law, on which the Canadian law is based.
He also said that the building projects began in 2003 — five years before Laroche was named director.
"Is the director or officer of corporations responsible for the behaviour of corporations?" Levy asked. "She never had any knowledge of what the corporations were doing."
Levy also argued that no court in Israel, let alone a Quebec court, will rule on the legality of the settlements.
"That's for the realm of politics, international courts and diplomats," he said. "But when it comes to individual rights, Israeli courts won't refuse to look at that.
"If you establish the owner, the court will protect your rights."
The hearing continues Tuesday.

I don't think it has any chance of success, but I'm not a lawyer either.  It's international right, so it's Malthus territory.  Go on Malthus, tell us what you think

[Malthus]

The term is "forum shopping" - plaintiffs looking for a jurisdiction more favourable to them, particularly to re-litigate a case already decided elsewhere. Generally, the courts here in Canada will not entertain such a lawsuit on the grounds of international comity (the principle that courts in different places ought to respect each other) unless it can be proven that the court in the other country (in this case Israel) is not capable of dealing justly with the situation.

Israeli courts are pretty fiesty and usually regarded as quite active (i.e. not merely the tool of the Israeli government) so, even without knowing the facts in the case, I'd say their chances of success are small.

[Neil]

Should have gone to Belgium.  Between their delusions of adequacy and their anti-semitism, they'd probably win.

[viper37]

The term is "forum shopping" - plaintiffs looking for a jurisdiction more favourable to them, particularly to re-litigate a case already decided elsewhere. Generally, the courts here in Canada will not entertain such a lawsuit on the grounds of international comity (the principle that courts in different places ought to respect each other) unless it can be proven that the court in the other country (in this case Israel) is not capable of dealing justly with the situation.

Israeli courts are pretty fiesty and usually regarded as quite active (i.e. not merely the tool of the Israeli government) so, even without knowing the facts in the case, I'd say their chances of success are small.

Even if they were to succeed, what would they accomplish?  Barring 2 canadian companies from building condos out there won't stop the process, it will merely change it, maybe American or French companies will do it.  It wouldn't stop colonization, and won't have any effect in Israël, I kinda suspect that no matter the verdict, people in favor of the settlements will remain in favour, and those opposed will remain so.

[Valmy]

So it would mean more work for American builders?  Wahoo!  I support this Palestinian initiative.

[grumbler]

So it would mean more work for American builders?  Wahoo!  I support this Palestinian initiative.

Agreed, because American builders aren't getting much business in the US Occupied Territories (everything south of the Mason-Dixon Line) :rebel yell:

[Malthus]

The term is "forum shopping" - plaintiffs looking for a jurisdiction more favourable to them, particularly to re-litigate a case already decided elsewhere. Generally, the courts here in Canada will not entertain such a lawsuit on the grounds of international comity (the principle that courts in different places ought to respect each other) unless it can be proven that the court in the other country (in this case Israel) is not capable of dealing justly with the situation.

Israeli courts are pretty fiesty and usually regarded as quite active (i.e. not merely the tool of the Israeli government) so, even without knowing the facts in the case, I'd say their chances of success are small.

Even if they were to succeed, what would they accomplish?  Barring 2 canadian companies from building condos out there won't stop the process, it will merely change it, maybe American or French companies will do it.  It wouldn't stop colonization, and won't have any effect in Israël, I kinda suspect that no matter the verdict, people in favor of the settlements will remain in favour, and those opposed will remain so.

Depends on what they are asking for. Maybe they are suing for money damages.

As well, they can be hoping for "litigation chill". As in "do business with Israel, particularly anything to do with settlements, and you will be sued by shady dudes claiming to be some sort of village collective, and you don't want that sort of trouble".

Plus, a suit (successful or not) may have good propaganda/publicity value.