As the extensive reach of the Internet continues to blur borders, so too are issues of legal jurisdiction increasingly entwined. Courts are now frequently called upon to reconcile a once novel question: are our current laws still appropriate in a digital age? The rise of the Internet particularly challenges Canadian courts to determine when they […]
After the underdog Ecuadorians’ victory in Chevron Corp v Yaiguaje, 2015 SCC 42, which established that judgements against foreign corporations can be enforced against Canadian subsidiaries, the Goliath Chevron Corporation has struck back with a potentially debilitating blow to the Ecuadorians seeking enforcement of their $9.5 billion award with a motion for security costs. A […]
Canadian mining companies have been scrutinized for quite some time regarding some misbehaviour that has taken place in foreign countries. The most recent of these was the subject matter in Garcia v Tahoe Resources Inc, 2017 BCCA 39 [Garcia], which started in April of 2013. The story begins with a private security personnel, who was […]
In Teck Cominco Metals Ltd v Lloyd’s Underwriters, 2009 SCC 11, the Supreme Court of Canada ("SCC") considered whether, in situations where proceedings on the same matter are commenced in both Canada and a foreign jurisdiction, the Canadian proceeding should be stayed once the foreign court asserts jurisdiction over the matter. TheCourt.ca staff writer Julian […]
Last Friday, the Supreme Court of Canada ("SCC") delivered their decision in Teck Cominco Metals v Lloyd’s Underwriter’s, 2009 SCC 11. The private international law decision dealt with Teck Cominco’s attempt to have proceedings in British Columbia stayed because of an assertion of jurisdiction over the same matter in a U.S. Court. In a unanimous decision […]