The Litigator

THE LITIGATOR

Commentary on Law Affecting Business

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 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 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 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

Kenneth 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 two decades, 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 Ontario Court of Justice, 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 also represents and advises clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA) and the Ontario Securities Commission (OSC).

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

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