The Litigator

Litigator

Compelling Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
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Pay Up: $10 Billion foreign judgment enforceable in Ontario

The application of the “real and substantial connection” test for enforcement of foreign judgments was further clarified by the Ontario Court of Appeal in a recent decision, part of a bitter and protracted legal battle over nearly $10 billion in environmental damages caused by the operations of Texaco (later acquired by the defendant Chevron) in Ecuador. The Court reaffirmed that the test only applies to the subject of the litigation and the court issuing the judgment; there is no secondary inquiry into the connection between the subject matter and the court enforcing the foreign judgment. As a result, the plaintiffs, residents of rural Ecuador harmed [...] Full article

Courts have power to grant injunctions against parties outside their jurisdiction

Late last spring, a unanimous Supreme Court of Canada affirmed that the provinces' Superior Courts have the jurisdiction to issue injunctions with purely extraterritorial effects. Full article

The letters rogatory that got away

Last fall, the Ontario Court of Appeal overturned an order enforcing a request for international judicial assistance (also known as letters rogatory) that sought to compel a former executive of a Talisman Energy Inc. subsidiary to be deposed in a U.S. action. Full article

Hollywood studios successfully enforce breach of copyright judgment against Ontario website operator

Citing the Internet's unique potential to cause harm anywhere and everywhere, Madam Justice Lax of Ontario's Superior Court of Justice enforced a New York District Court judgment earlier this month against the operators of Ontario-based websites that facilitated the illegal copying and downloading of movies. Full article


Enforcement of Foreign Judgments Contributors

Kenneth A. Dekker

Kenneth A. Dekker

Affleck Greene McMurtry LLP

Kenneth (Ken) Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. With more than 12 years of experience, Ken has appeared before all levels of courts in Ontario, including the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada.

Contributor's Profile

Matthew Gibson

Matthew Gibson

Affleck Greene McMurtry LLP

Matthew Gibson is a valued addition to the AGM team with his hands-on experience in the litigation arena. Matthew's practice focus is commercial and civil litigation, administrative law and employment law.

Contributor's Profile

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