Conflict of Laws
Enforcement of Foreign Judgements: SCC Grants Leave to Appeal in Lanfer v. Eilers
On March 3, 2022, the Supreme Court of Canada (“SCC” or “the Court”) granted leave to appeal in the case of Lanfer v. Eilers, a ruling from the British Columbia Court of Appeal, 2021 BCCA 241 [Eilers]. The SCC will rule on whether a foreign judgement granting the remedy of specific performance for the transfer […]
The Ontario Court of Appeal Assumes Jurisdiction over Absent Foreign Claimants
On October 17, 2017, the Ontario Court of Appeal (“ONCA”) released Airia Brands Inc v Air Canada, 2017 ONCA 792 [Airia], an important decision in which the ONCA clarified and restated the test for determining when Ontario courts can assume jurisdiction over class actions involving absent foreign claimants. This decision provided much-needed clarity on the […]
Yaiguaje v Chevron Corporation: Enforcing and Recognizing Foreign Judgments in Canada
In Yaiguaje v Chevron Corporation, 2013 ONCA 758 [Yaiguaje], a decision released on December 17, 2013, the Ontario Court of Appeal considered the power of Ontario courts to hear actions seeking to enforce and recognize foreign judgments in Ontario. In this context, the court also discussed the appropriateness of staying a proceeding pursuant to section 106 […]
Chevron Corp v Naranjo: Goliath’s Global Anti-Enforcement Injunction against David
The clichéd David vs. Goliath depiction is one which is often used when describing legal cases. But Ecuador’s Lago Agrio community vs. the Chevron Corporation is one legal battle which aptly fits the analogy. The controversial case has a long history, involving alleged environmental violations in Ecuador’s Amazon region by Texaco (now Chevron) from 1964 […]
Momentous.ca v. Canadian American Association of Professional Baseball et al. : Professional Sports is Risky Business
Recently, several Canadian cities, including Winnipeg, Quebec, and even Hamilton, have been rumoured to be in the bidding for major professional sports franchises, particularly National Hockey League (NHL). As of 31 May 2011, it appears Winnipeg is confirmed to be the newest city to hold an NHL franchise. However, establishing or re-establishing a professional sports […]
You are Cleared for Takeoff: SCC Clears the Way for Airline to Enforce Damages Award against Iraq in Kuwait Airways Corp v Iraq
On October 21, 2010, the Supreme Court of Canada ("SCC") held in Kuwait Airways Corp v Iraq, [2010] 2 SCR 571, that the Republic of Iraq (“Iraq”) could not rely upon its state immunity to limit the jurisdiction of a Quebec court in order to prevent recognition a foreign judgment for damages against it. The […]