Tags » Jurisdiction Simpliciter

Assuming Jurisdiction in Tort Cases Over Non-Contracting Parties

Trillium v. General Motors of Canada et al, 2013 ONSC 2289 (CanLII) [“Trillium“] attempts to answer the lingering question of how and when will a court assume jurisdiction in a tort case over contractual non-parties. 2,730 more words

Conflict Of Laws

Ontario decision declines to expand Van Breda presumptive connecting factors for jurisdiction simpliciter

The recent Ontario decision in Central Sun Mining Inc. v. Vector Engineering Inc., 2012 ONSC 7331 (CanLII) (Ont. SCJ) [“Central Sun Mining”] deals with some important jurisdictional issues, including whether the court will entertain new categories under the presumptive factors  for assuming jurisdiction over non-Ontario defendants set forth in the Supreme Court of Canada decision in… 1,846 more words

Jurisdiction

Insurer's Crossclaim Insufficient for Ontario Court to Assume Jurisdiction

The recent decision of Mr. Justice Perell in Misyura v. Walton, 2012 ONSC 5397 (CanLII)  (“Misyura”) confirms that a crossclaim brought by an insurer is insufficient to assume  jurisdiction over the dispute. 1,139 more words

Jurisdiction

Ontario Court Orders Cross-Examinations of Foreign Witnesses by Video Conferencing

The recent decision in Code Inc. v. Indepedent High Electoral Commission, 2012 ONSC 2208 (CanLII) [“Code Inc.“] held that video conferencing is a viable option for the conduct of cross-examinations of foreign witnesses on a jurisdictional motion.  962 more words

Conflict Of Laws

Saumier and Bagg on "Forum Selection Clauses Before Canadian Courts"

Genevieve Saumier (McGill University – Faculty of Law) and Jeffrey Bagg (Student-at-Law, McGill University-Faculty of Law) have posted “Forum Selection Clauses Before Canadian Courts”. Here is the abstract: 168 more words

Conflict Of Laws

Supreme Court of Canada To Render Judgments in Conflict of Laws Trilogy on April 18, 2012

According to a press release today, the Supreme Court of Canada will be rendering  judgments in the long-awaited trilogy of conflict of laws cases dealing with jurisdiction on 9:45  A.M.  368 more words

Jurisdiction

Stay or Dismissal?

What is the appropriate remedy when a Canadian court determines it lacks jurisdiction simpliciter? Should the court issue a stay or dismiss the plaintiff’s action? 268 more words

Conflict Of Laws