News & Events
National Mobility for Letters Rogatory and Enforcement of Foreign Judgments in Canada
March 7, 2016
It seems to be a widely held misconception that lawyers must be called to the Bar of a particular province before they can practice in that province. In fact, thanks to the National Mobility Agreement as between the various provincial law societies, lawyers in Canada have the benefit of inter-provincial mobility throughout the common law
Superior Court confirms “relevance” and “not otherwise attainable” requirements in enforcing letters rogatory.
February 8, 2016
In Intelsat USA Sales LLC v. Hyde and Majic, Justice Faieta refused to enforce letters rogatory directed against the former in-house counsel of the defendant company, which company was based in Ontario. The basis for Justice Faieta’s decision was that the former in-house counsel’s evidence was not necessary for trial and the evidence to be
It’s a Global Village: the Supreme Court of Canada rules that the enforcement case of 30,000 Ecuadorian villagers may be heard by Ontario’s Courts
November 10, 2015
On September 4, 2015, the Supreme Court of Canada released its long awaited judgment in Chevron Corp v. Yaiguaje, 2015 SCC 42. Justice Gascon, writing for a unanimous Supreme Court panel, permitted 30,000 Ecuadorian villagers to pursue the enforcement of their Ecuadorian Judgment against Chevron in Ontario. In coming to its conclusion, the Supreme Court
Ontario Court Refuses to Hear Case Where Action More Conveniently Heard in Pennsylvania
August 25, 2015
In Legge et al. v. Young et al., Justice Faieta determined that, although Ontario had jurisdiction simpliciter to hear a breach of contract action regarding the sale of a Standardbred racehorse Pennsylvania was the more convenient forum to hear the action and therefore the Ontario proceeding was stayed. In November 2013, the defendant, Mr. Young
Enforcing letters rogatory not an all or nothing approach
July 2, 2015
In a recent Ontario Superior Court decision from Master Sprout entitled Sculley v. Pivot Acquisition Corp., 2015 ONCSC 287 the applicant, Mrs. Carol Lee Sculley, brought an application to enforce letters rogatory issued by the circuit court of the Fifteenth Judicial Circuit in and for Palm Beach County in the state of Florida. Mrs. Sculley
The Court of Appeal Facilitates the Enforcement of a Belgium Judgment
April 24, 2015
The Court of Appeal for Ontario has recently released a significant decision which is a blow to judgment debtors who are attempting to avoid their obligations stemming from a foreign judgment. In SA Horeca Financial Services v. Light, 2014 CarswellOnt 16099, the plaintiffs, SA Horeca Financial Services and SA Horeca Logistic Services (collectively “Horeca”) obtained
Service Outside of Ontario: Pitfalls and Lessons
March 18, 2015
In Mitchison v. Zerona International Inc., the plaintiff brought an action for damages against the defendant with respect to a franchise business purchased from the defendants. The plaintiffs alleged the defendants violated the Arthur Wishart Act (Franchise Disclosure) 2000, S.O. 2000, C. 3. The statement of claim originally named Zerona Canada, carrying on business as
WELCOME TO MY BLOG!
February 25, 2015
Welcome to my blog about cross-border litigation, enforcing foreign judgments and enforcing letters rogatory. I use this platform to keep my clients and followers informed about recent case law and legislative changes impacting the enforcement of foreign judgments and letters rogatory in Ontario and Canada. In an increasingly globalized and integrated economy, cross-border litigation is