Ontario Court of Appeal upholds Enforcement of German Judgment despite Arbitration Clause

The Ontario Court of Appeal in Hilmer Motorsport GmbH v. Mason, 2025 ONCA 875 upheld the recognition and enforcement of a foreign default judgment obtained in Germany. This decision is particularly important for parties in contracts containing arbitration clauses, as it confirms that a defendant should not disregard foreign court proceedings on the assumption that an arbitration clause will automatically apply. Rather, it is prudent to advance the argument within the foreign proceeding that the matter should be stayed and the dispute referred to arbitration. Background In April 2014, Nelson Mason, a professional racing car driver, entered into a Driver Agreement ... [more]
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Court of Appeal declines to enforce jurisdiction clause
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AGM remembers The Honourable Roy McMurtry, K.C., 1932 – 2024
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