Tuesday, September 3, 2013

USD 1-billion in damages claimed on Calancan Bay case

2011 Protest Poster in support of impacted communities around the world

Extracts from the Barrick Gold Annual Report First Quarter 2011 on the Calancan case, one of several cases filed against Placer Dome/Barrick Gold:

Calancan Bay (Philippines) Complaint

In July 2004, a complaint was filed against Marcopper and Placer Dome Inc. in the Regional Trial Court of Boac, on the Philippine island of Marinduque, on behalf of a putative class of fishermen who reside in the communities around Calancan Bay, in northern Marinduque.  The complaint alleges injuries to health and economic damages to the local fisheries resulting from the disposal of mine tailings from the Marcopper mine. 

The total amount of damages claimed is approximately US$1 billion.

 In October 2006, the court granted the plaintiffs’ application for indigent status, allowing the case to proceed without payment of filing fees.  In March 2008, an attempt was made to serve Placer Dome Inc. by serving the summons and complaint on Placer Dome Technical Services (Philippines) Inc. (“PDTS”).  PDTS has returned the summons and complaint stating that PDTS is not an agent of Placer Dome Inc. for any purpose and is not authorized to accept service or to take any other action on behalf of Placer Dome Inc.  In April 2008, Placer Dome Inc. made a special appearance by counsel to move to dismiss the complaint for lack of personal jurisdiction and on other grounds.  The plaintiffs have opposed the motion to dismiss.  


In October 2008, the plaintiffs filed a motion challenging Placer Dome Inc.’s legal capacity to participate in the proceedings in light of its alleged “acquisition” by the company.  Placer Dome Inc. opposed this motion.