Court of Appeal confirms that insurers that sell insurance in Ontario should litigate coverage issues in Ontario
In its recent decision in Vale Canada Limited v. Royal and SunAlliance Insurance Company of Canada, Ontario’s top court confirmed what a layperson would think to be obvious: that an insurer that chooses to underwrite and insure Ontario risks can expect to be required to litigate resulting coverage disputes in Ontario. The above simple proposition was somewhat complicated by the complex factual and insurance background to the case. In particular, Vale, a mining company with international operations, had placed some 92 policies of insurance worldwide with 24 primary and excess insurers over the course of several decades of operations in Canada ... [more] Full article
Ontario action dismissed for lack of jurisdiction despite expiry of limitation period in proper forum
An Ontario man who suffered catastrophic injuries after being hit by a car in Michigan has had his Ontario action dismissed for want of jurisdiction. The Ontario Superior Court dismissed ... [more] Full article
Supreme Court of Canada grants leave to appeal decision on enforcement of judgment against Caribbean islands
Today, Canada’s highest court granted leave to appeal from a decision of the Court of Appeal for Ontario refusing to register in Ontario a British Columbia judgment against the Caribbean ... [more] Full article
Supreme Court of Canada refuses to hear global auditor class action certification appeal
On June 8, 2017, the Supreme Court of Canada denied leave to appeal from a decision of the Ontario Court of Appeal in Excalibur Special Opportunities LP v. Schwartz Levitsky ... [more] Full article
Conflicts of Law and Enforcement of Foreign Judgments Contributors
Kenneth A. Dekker
Kenneth Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. Over more than two decades, Ken has litigated noteworthy cases in a range of fields that include class action defence, securities and broker-dealer litigation and regulatory defence, corporate and shareholder disputes (including oppression and winding up cases), defamation, civil fraud litigation, disputes over contracts, injunctions, professional liability litigation, employment litigation and cross-border litigation issues. Ken has appeared before all levels of courts in Ontario, including the Ontario Court of Justice, the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada. Ken also represents and advises clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA) and the Ontario Securities Commission (OSC). Ken has been ranked as Repeatedly Recommended for Securities Litigation by Lexpert, for Corporate and Commercial Litigation by Best Lawyers of Canada, and he has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.
David N. Vaillancourt
David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.
