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Claims for Appropriation of a Foreign Corporate Opportunity: Do Ontario...
By Byron Shaw On August 23, 2011, the Ontario Court of Appeal will hear an appeal on the question of whether Ontario courts have jurisdiction over a claim for appropriation of a foreign opportunity....
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SCC to Consider the Relevance of Attornment to the Analysis of an Ontario...
By Brendan Owen Brammall Should an Ontario court refuse to assume jurisdiction over the plaintiffs’ claims in the face of choice of (foreign) forum and arbitration clauses, even though the non-Ontario...
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Saskatchewan Court of Appeal Rejects Ragoonanan Principle
By Brandon Kain In a recent decision with potentially far-reaching consequences – Red Seal – the Saskatchewan Court of Appeal has rejected the so-called “Ragoonanan” principle applicable to class...
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How Momentous is This? New SCC Ruling on Forum Selection and Arbitration Clauses
By Elder C. Marques In twelve short paragraphs, the Supreme Court of Canada’s new judgment in Momentous provides helpful guidance on the question of whether a motion to dismiss on jurisdictional...
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This Week at the SCC (03/15/2013)
A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLPBy Brandon Kain The Supreme Court of Canada refused leave to appeal this week from several cases of interest to...
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The Second Opinion: Can an Ontario Court Assume Jurisdiction Over...
A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLPBy Hovsep Afarian Is an Ontario-based inter-provincial class settlement enforceable in Manitoba? The answer...
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The Second Opinion: Is an Ontario-based Class Settlement Enforceable in Other...
A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLPBy Hovsep Afarian Can a class settlement that is entered into Ontario, and that purports to be inter-provincial...
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The Second Opinion: Canadian Subsidiaries Beware? The Ontario Court of Appeal...
By Hovsep Afarian The Ontario Court of Appeal’s decision Yaiguaje v. Chevron Corporation, 2013 ONCA 758, has important implications for both foreign corporations and their Canadian subsidiaries. The...
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The Second Opinion: Non-Parties May Be Bound by a Forum Selection Clause
A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLPBy Hovsep Afarian Can a party that has not signed an agreement containing a forum selection clause nevertheless...
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The Second Opinion: This Week at the Supreme Court of Canada (07/05/2014)...
A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLPBy Martin Boodman This week the Supreme Court of Canada granted an application for leave to appeal the decision...
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This Week at the SCC (06/06/2014)
A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLPBy Martin Boodman The Supreme Court of Canada denied leave to appeal this week from one appeal of interest to...
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This Week at the SCC (27/06/14)
A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLPBy Anthony Alexander This has been a particularly busy week at the Supreme Court of Canada vis-à-vis cases likely...
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Ontario Court of Appeal Turns Against Cross-Border Securities Class Actions
By Michael Rosenberg and Sapna Thakker and Michael Rosenberg and Sapna Thakker The following post on the Canadian Class Actions Monitor blog may be of interest to readers of this blog: Ontario Court of...
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Can I Sue the Federal Government? If so, in What Court and Where?
By Byron Shaw The forum in which to litigate is a difficult decision in any case that crosses provincial or national borders. It is even more complicated in claims against the federal government. The...
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Suing the Provincial Crown in the Federal Court: The Federal Court of Appeal...
By Mira Novek In an important decision regarding the jurisdiction of the Federal Court in aboriginal claims, the Federal Court of Appeal has affirmed the right of the Pasqua First Nation to sue the...
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The Supreme Court of Canada Searches for Goldilocks: Is the Jurisdiction of...
By Meghan S. Bridges One of the first lessons I remember being taught as a law student about statutory interpretation was to look at both the words of the statute and the purpose Parliament intended in...
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