In this fascinating case, Justice Dunphy of the Ontario Superior Court of Justice dismisses an application to enforce letters of request (letters rogatory) pursuant to the Ontario Evidence Act against The Windsor-Detroit…
In its seminal decision in Club Resorts Ltd. v. Van Breda, 2012 SCC 17 (CanLII) the Supreme Court of Canada set out four factors, which if established, lead to a presumption that…
Until the Court of Appeal for Ontario released it’s recent decision inIndependence Plaza 1 Associates, L.L.C. v. Figliolini 2017 ONCA 44 (CanLII), the limitation period applicable to actions to enforce foreign…
In this post, I summarize 5 essential points to obtain a Mareva injunction in Canada. I had previously blogged about a recent case limiting the application of Mareva injunctions against bona fide creditors of…
Companies seeking insurance rarely pay much attention to the dispute clauses in the policy. Understandably, the main concern when seeking insurance is obtaining adequate coverage for potential losses. Dispute clauses…
A Plaintiff commenced an action in British Columbia to enforce a judgment against two individuals obtained in China. The Chinese judgment was related to loan agreements that were entered into…
A plaintiff sued various defendants that are domiciled in the United States. While the plaintiff is a Canadian citizen, during the relevant time period the plaintiff lived in the United…
1. Neutral Ground: Some opposing jurisdictions are better understood than others: the laws of Canada and the United States, for example, vs. the United States and China. Nevertheless, even a…
A plaintiff commenced an action in British Columbia seeking to enforce a default judgment obtained in China. The Chinese lawsuit came about because of a commercial dispute between a Chinese…
In a very well written and incisive decision released earlier this year, the Court of Appeal for Ontario finally settled the issue of what limitation period applies to the enforcement…