Court of Appeal stays Ontario action in favour of the Iranian courts
This past summer, Ontario's highest court made it clear that contracting parties who choose a particular nation's courts for the litigation of their disputes will almost always be held to their choice - even where that forum may not conform to the traditional Canadian concepts of democracy and fairness. [more]
Are courts more willing to enforce restrictive covenants?
Prima facie all covenants in restraint of trade are illegal and therefore unenforceable. Recently, this pillar of the law of contract has been given a new, albeit off-putting, coat of paint. [more]
Regulation of businesses in Canada through private litigation
Regulation - Court decisions arising from private litigation under the common law (in Quebec, the Civil Code), and statutory remedies that supplement the common law, are an essential and often overlooked component of the regulation of businesses in Canada. [more]
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]
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