Jurisdiction – Rogers Partners LLP

Fridays with Rogers Partners

rpllpadmin — Fri, 31 Mar 2023 22:24:00 +0000

At our weekly meeting, Nasra Esak discussed the recent decision of the Ontario Court of Appeal in 778938 Ontario Limited v. EllisDon Corporation, 2023 ONCA 182. OVERVIEW This appeal arose from an unsuccessful motion to stay an Ontario action on the basis that the Ontario Court did not have jurisdiction over a dispute involving […]

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What Happens in Italy, Stays in…? New Appellate Decision Interpreting Van Breda

rpllpadmin — Wed, 08 Mar 2023 22:32:02 +0000

By Meryl Rodrigues In the recent decision of Sinclair v. Amex Canada Inc.[i], the Ontario Court of Appeal reaffirmed the principles in the oft-cited jurisdictional decision of Van Breda[ii], and articulated a (perhaps disputable) framework for their application in a given case, following the appeal of three Italian companies from the dismissal of their motion […]

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Proper Forum in Interjurisdictional Contract Disputes: Your Court or Mine?

rpllpadmin — Wed, 15 Feb 2023 23:11:38 +0000

By Franz Lopez In Black & MacDonald Limited v Eiffage Innovative Canada Inc.,[1] the Ontario Court of Appeal addressed an appeal of a lower court’s decision to stay two proceedings related to the construction of the Alex Fraser Bridge crossing over the Fraser River in Delta, British Columbia (the “Project”) as a result of jurisdictional […]

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Ontario Energy Group’s ONSC Action Stayed Pending Outcome of Small Claims Court Actions

rpllpadmin — Wed, 07 Dec 2022 20:37:19 +0000

By Kathryn Orydzuk In MDG Newmarket Inc. v Symonds, 2022 ONSC 6481, Justice Vermette rendered a decision on an interesting motion that touched upon the doctrine of abuse of process, and when commencing a separate action in the Superior Court may effectively be considered an attempt to transfer a matter out of the Small Claims […]

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Jurisdiction Over Michigan Accident

rpllpadmin — Mon, 31 May 2021 03:00:00 +0000

In Orum v. Maksuta, 2021 ONSC 2974, the plaintiff was struck by a motor vehicle in Michigan. He commenced an action in Ontario against the driver and also against his Ontario insurer for uninsured/underinsured coverage. He did not commence an action in Michigan and the limitation period to do so expired. The defendant driver brought a motion […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 28 May 2021 14:13:19 +0000

At our weekly meeting, Chris MacDonald discussed the Superior Court’s decision in Del Giudice v. Thompson, 2021 ONSC 2696. In this decision, the plaintiffs, Rina Del Giudice and Daniel Wood, sought court approval of a settlement agreement with the defendant, Github Inc., pursuant to section 29 of the Class Proceedings Act, 1992, whereby the action would […]

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Establishing Jurisdiction Through E-Commerce

rpllpadmin — Mon, 06 Apr 2020 03:51:10 +0000

By Brian Sunohara For many years now, consumer transactions have been conducted over the Internet, sometimes with companies in faraway places. With the prevalence of e-commerce, more and more questions are arising over whether a business which has no physical presence in a jurisdiction can be sued in that jurisdiction, if it engages consumers through the […]

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Plaintiffs Permitted to Sue in Ontario for Scooter Accident in Thailand

rpllpadmin — Thu, 20 Jun 2019 15:28:32 +0000

In Vahle et al v. Global Work & Travel Co. Inc., the court determined that Ontario has jurisdiction over a lawsuit related to an accident that occurred in Thailand. Two sisters from Ontario went to Thailand to teach English. The teaching program was organized by the defendant. While riding a motor scooter, the sisters were struck […]

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