The Litigator
The Litigator
AGM :: Affleck Greene McMurtry LLP
THE LITIGATOR
Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

Supreme Court of Canada grants leave to appeal decision on enforcement of judgment against Caribbean islands

Today, Canada’s highest court granted leave to appeal from a decision of the Court of for Ontario refusing to register in Ontario a British Columbia against the Caribbean nation of and due to a lack of jurisdiction. Specifically, the Court of Appeal in the decision below held that the judge did not err in finding that Antigua was not “carrying on business” in British Columbia at the relevant time and thus there was not a sufficient connection to allow the B.C. court to grant judgment against them.

The underlying decision of the Court of Appeal for Ontario pitted the courts of Canada’s two largest common law provinces against each other. As such, it really is no surprise that the Supreme Court of Canada has decided to weigh in on the dispute.

For more details of the Ontario Court of Appeal’s decision see the excellent article from last February by our newest associate, Alyssa Hall, here.

Kenneth A. Dekker
Affleck Greene McMurtry LLP

Kenneth A. Dekker

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. Over more than 25 years, Ken has litigated noteworthy cases in a range of fields that include class action defence, securities and broker-dealer litigation and regulatory defence, corporate and shareholder disputes (including oppression and winding up cases), defamation, civil fraud litigation, disputes over contracts, injunctions, professional liability litigation, employment litigation and cross-border litigation issues.

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. Ken has also represented and advised clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA), both of which are now known as the Canadian Investment Regulatory Organization (CIRO). Ken has also represented clients before the Ontario Securities Commission (OSC), the Financial Planning Canada Standards Council (FPCSC), and the CPA Ontario Tribunal.

Ken has been ranked for Corporate and Commercial Litigation by Best Lawyers of Canada, for Securities Litigation by Lexpert, and he has been given the highest available rating of AV, or pre-eminent, by his peers on “Martindale-Hubbell.”

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