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

courts


 

Court of Appeal reconsiders test for jurisdiction over foreign defendants

In a recent decision, a five judge panel of the Court of Appeal for Ontario revised the legal test to be applied when the Ontario courts are asked to assume jurisdiction over a foreign defendant. The Court’s decision in Van Breda v. Village Resorts Ltd. clarifies the applicable legal principles and should provide greater guidance to Ontario courts on whether and when they can properly take jurisdiction over foreign defendants. [more] Full article

The letters rogatory that got away

Last fall, the Ontario Court of Appeal overturned an order enforcing a request for international judicial assistance (also known as letters rogatory) that sought to compel a former executive of a Talisman Energy Inc. subsidiary to be deposed in a U.S. action. [more] Full article

Canada’s top court removes plaintiff’s counsel after its receipt of privileged documents

In its recent decision in Celanese Canada Inc. v. Murray Demolition Corp. the Supreme Court of Canada unanimously favoured protecting solicitor-client privilege over the right to be represented by one’s solicitor of choice. [more] Full article

Supreme Court of Canada confirms litigation privilege of limited duration

In its first review of the lifespan of litigation privilege, the Supreme Court of Canada has recently ruled that, unlike solicitor-client privilege, it 'expires with the litigation of which it was born.' [more] Full article