The plaintiffs do not allege that Chevron Canada was a
party to the Ecuadorian action or that it is an agent of Chevron.
In their amended amended statement of claim, the plaintiffs
plead that they do not allege any wrongdoing against Chevron
 Further, the plaintiffs do not allege that the corporate
structure of which Chevron Canada is a part was designed or
used as an instrument of fraud or wrongdoing.
 The plaintiffs do, however, plead the following, in paras.
17-26 of their amended amended statement of claim:
17. Chevron no longer has assets in Ecuador.
18. In Canada, Chevron has two wholly-owned subsidiaries: Chevron
Canada Limited and Chevron Canada Financial Limited (collectively,
“Chevron Canada”). The assets of Chevron Canada are significant and
are located in many provinces and territories throughout Canada. The
assets are beneficially-owned by Chevron and, through it, by the
shareholders of Chevron.
19. In its required Form 10-K filing with the United States [Securities] and
Exchange Commission for the fiscal year ended December 31, 2011,
Chevron declares and the fact is that it manages its investments in subsidiaries, provides administrative, financial, management and technology
support to its US and international subsidiaries that engage in fully-integrated petroleum operations, chemical operations, mining operations,
power generation and energy services. In its Annual Report, Chevron
states and the fact is that its operating segments (subsidiaries) are managed by segment managers who report to the CODM (Chief Operating
Decision Maker), which is Chevron’s Executive Committee.
20. Chevron wholly owns and controls Chevron Canada. Chevron consolidates the financial results of its wholly owned subsidiaries including
Chevron Canada and reports them as its own. Chevron raises capital
in the equities markets based on the assets, operations and results of
its wholly owned subsidiaries including Chevron Canada. Chevron
Canada does not have an independent Board of Directors. Chevron
provides a parent guarantee for the debts of its wholly owned subsidiaries including Chevron Canada.
21. As a condition of obtaining the dismissal of the action in New York,
Texaco promised not only to submit to the jurisdiction of the Ecuadorean Court, but also to satisfy the Judgment.
22. After the Judgment, Chevron has resiled from that position. Chevron
now repudiates its undertaking to the New York Court to respect and
pay the Judgment rendered in the jurisdiction of its own choosing and,
through its general counsel, has stated that “[w]e’re going to fight this
until Hell freezes over and then fight it out on the ice”.
23. As a result of the allegations in paragraphs 4, 5, 17-20 and the fact that
the great majority of its assets are held in 73 subsidiaries (as set out in
Schedule “A” hereto), Chevron Canada is a necessary party to this
action in order to achieve equity and fairness between parties and to
yield a result that is not “too flagrantly opposed to justice . . .”.