No class action where arbitrator has jurisdiction, court holds
Class action legislation does not give courts jurisdiction over cases that would otherwise be dealt with by tribunals or arbitrators, the Supreme Court held in Concordia v. Bisaillon. [more]
Appeal court finds that “non-final” U.K. order should be enforced in Ontario
Ontario’s Court of Appeal recently recognised a U.K. High Court’s initial order in a scheme of arrangement aimed at winding up the reinsurance business of Cavell Insurance Company Limited. It did so despite the fact that the U.K. court’s order did not meet the traditional requirement that only a final judgment of a foreign court for the payment of a definite sum of money will be enforced in Canada. [more]
Door left open for tort of invasion of privacy in Ontario
If someone has their privacy violated in Ontario, can they pursue a civil remedy in the Ontario courts? Does Ontario law recognise the tort of invasion of privacy? These questions were the subject of a motion brought by McDonald's Restaurants of Canada seeking to strike out a plaintiff's claim for unlawful invasion of his privacy on the basis that it disclosed no reasonable cause of action. [more]
Intercorporate transactions may be oppressive
An unfair intercorporate transfer price system in place between Ford Motor Company of Canada and its US parent, Ford Motor Company, oppressed Ford Canada's minority shareholders, the Ontario Court of Appeal ruled in early 2006. However, because there was no evidence as to when these shareholders owned their shares, they were each entitled to only one day's damages. [more]
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