Strike Suits, or “How I’m Going to Pay for Law School”

Encana, Talisman Energy, Suncor Energy, Husky Energy, Nexen, Syncrude.

All Canadian petroleum companies. More importantly, all publicly traded companies.

Strike suits have been long considered nuisance actions, meant to make a quick buck at the expense of the corporation.

My proposal is this: purchase shares in oil companies, and then file class actions whenever a pipeline bursts or a spill occurs, because the company has breached their fiduciary interest to shareholders.

Scenario #1: A nice little settlement. The big bad oil corp pays us all off to make it go away. I can pay off my student loan debt, and maybe do some investing. Maybe I’ll buy myself a nice electric bicycle.

Scenario #2: A nice little settlement. The court accepts our complaint, rules in our favour (“um yes, i totally reasonably expected there to not be any pipeline bursts which could affect the price of my shares” & “my interests were totally unfairly disregarded when they decided to build that pipeline”), and awards us hella damages. They also order the oil company to stop polluting, or something. I don’t know. I’ll probably buy myself two electric bicycles.

Scenario #3: There is no scenario #3. This is a win-win.

Who’s with me?

my sweet ride

3 responses to “Strike Suits, or “How I’m Going to Pay for Law School””

  1. alisa koebel

    You have my sword (jk I can’t afford a sword, or shares)

  2. alisa koebel

    But in seriousness, regarding the reasonable expectations in Scenario #2: if the courts reject that shareholders had a reasonable expectation that pipelines were safe, they would be pretty well admitting that the basis of the project’s approval is false. I don’t know what the courts have said on challenges to fossil fuel developments on that point, but it would be interesting and possibly useful to have a judgement from the courts to that effect.

  3. Rob Patterson

    You might force a Canadian court to consider whether there’s any good faith duty to a prospective share purchaser like this — they’ll call it the “just wanting to watch the world burn” rule.

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