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

international


 

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

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] Full article