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

Muscutt


 

Defendant’s delay gives Ontario courts jurisdiction under forum of necessity test

In January 2010, two plaintiffs commenced an action in Ontario arising from a car accident that had occurred almost two years earlier in Michigan. More than a year after the action was commenced, the defendant moved to dismiss the action on the basis that Ontario courts lacked jurisdiction over a claim that the defendant said should instead be tried in Michigan. [more] Full article

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