Update
Ontario Litigation: Dismissed
November 26, 2024 – Barrick is pleased that the Ontario Superior Court granted our motion today and decided that the Ontario Courts lack jurisdiction and are not the appropriate forum to consider claims brought by Tanzanian residents regarding security incidents that are alleged to have occurred involving members of the Tanzanian Police Force.
This case should never have been brought in Canada. We are proud of Barrick’s substantial contributions to the local communities in the vicinity of the North Mara mine, who continue to be supportive of our operations.
Barrick Welcomes Ontario Superior Court’s Dismissal of Litigation Concerning North Mara Gold Mine
Ontario Litigation: Wrong Party, Wrong Forum
October 15, 2024 – Since November 2022, Barrick has been dealing with two legal actions in the Ontario Superior Court relating to alleged security incidents in the area of the North Mara Gold Mine in Tanzania. The Plaintiffs in this case are engaging in a classic case of forum-shopping: deliberately seeking to implicate Barrick in a case in Ontario, where the only viable defendants would be North Mara Gold Mine Limited (NMGML) and the Tanzanian Police Force (TPF). The right forum to consider the claims of the Plaintiffs is Tanzania.
This week, Barrick will make arguments at the Ontario Superior Court of Justice during a hearing on its motion seeking to permanently stay or dismiss the case. Here is a summary of the company’s arguments:
- Legal proceedings are forum shopping. Filing the claims in the Ontario Courts is an egregious example of forum-shopping in an effort to benefit the Plaintiffs at the expense of conducting fair and just legal proceedings.
- Everything related to this case took place in Tanzania. The Plaintiffs, NMGML representatives, members of the TPF, most witnesses and relevant documents and evidence are in Tanzania. Many of the relevant witnesses live in Tanzania, speak Swahili and other local languages and do not speak, read or understand English.
- Improbable logistics for fair litigation in Canada. Given the Plaintiffs are making serious allegations of complicity in support of human rights violations, Barrick should not be placed in a position where it can’t properly defend itself due to the unavailability of vitally important evidence.
- Tanzania has a sophisticated and reliable legal system. Tanzania has a legal system that – like Canada’s – is based on the English system. Plaintiffs attempts to dismiss the independence, sophistication, or ability of the Tanzanian courts to adjudicate fairly and properly over the matters at issue are without merit and there is no basis to assess that Tanzanian lawyers would be reluctant to sue either NMGML or the TPF. In fact, NMGML is currently party to over 50 legal proceedings there, involving a range of different Tanzanian parties, lawyers and law firms. Similarly, the Government of Tanzania is a frequent litigant before the Courts of Tanzania and is at times unsuccessful.
- None of Barrick’s Toronto-Based Employees is Involved in Managing or Operating North Mara Gold Mine. North Mara Gold Mine is owned and operated by NMGML, a Tanzanian company. Barrick has an indirect 84% ownership interest in NMGML and the Government of Tanzania owns the remaining 16%. NMGL has entirely appropriate contractual agreements with the Tanzania Police Force that are governed by the laws of Tanzania. Barrick is not a party to them.
The facts are clear and simple: The Plaintiffs have deliberately decided to make unfounded claims against the wrong party (Barrick) in the wrong venue (Ontario), rather than sue the only viable defendants (the Tanzanian Police Force and NMGML) in the appropriate forum (Tanzania).
Barrick is proud of the substantial contribution North Mara makes to the local communities in the area of the mine, as well as The Republic of Tanzania. North Mara has played an important role in developing strong and mutually rewarding relationships with local partners and in uplifting the quality of life in its host communities.