Articles

In Chevron Corp. v. Yaiguage, 2015 SCC 42, the Supreme Court of Canada held that the only prerequisite to the recognition and enforcement of a foreign judgment is that the foreign court had a real and substantial connection with the litigants or the subject matter of the dispute, or that the traditional bases of jurisdiction were satisfied. There is no separate requirement to demonstrate a real and substantial connection between the dispute or the defendant and the enforcing forum.

In a recent decision, the Ontario Superior Court awarded costs on a partial indemnity scale which constituted 75% of the costs actually incurred by the successful party.

“Collegiality is vital amongst civil litigators - even when on opposing sides, it is a shared endeavour as an administration of justice."

The one substantive civil decision this week involved an appeal of a motion judge’s order that a garnished bank account enjoyed diplomatic immunity and was thus not subject to garnishment. The court only dealt with the preliminary question of whether hearing the appeal was premature, having regard to Libya’s pending rule 38.11 motion in Superior Court to set the underlying order aside. The appeal was adjourned sine die and the stay of enforcement was continued pending the outcome of the motion.

The Ontario Court of Appeal only released two substantive civil decisions last week, and many more endorsements and criminal law decisions. Civil topics covered this week included professional discipline of regulated professions (pharmacists) and relief from forfeiture in the long-term disability insurance context.

A fundamental purpose of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (the “Act”) is the financial rehabilitation of the “honest but unfortunate” debtor. One way that this purpose is achieved is through the automatic stay of proceedings granted under section 69(1)(a) of the Act.

Topics this week include two lawyers’ professional negligence decisions; a priority dispute between creditors making constructive trust claims and seeking a tracing remedy; the striking of a frivolous defamation and related claims brought by a doctor against former patients who had sued her for malpractice and complained about her to her professional college; a dispute about the internal governance of a private golf course; and a Crown wardship decision under the Child and Family Services Act.

There were four civil decisions released by the Court of Appeal this week. Areas covered include condo law, administrative dismissals for delay, and two custody and access decisions in high conflict cases (one very high conflict).

The one civil law decision released this week involved the setting aside of an order granting summary judgment in the commercial leasing context where there was a finding of an oral agreement modifying the lease terms. In a rare move, the panel found that it could not substitute its decision for that of the motion judge, but rather than remit the matter back to the motion judge, it invited further written submissions to assist it in rendering a decision.

There was only one civil law decision released this week by the Ontario Court of Appeal. It involved privity of contract, agency and joint liability under a settlement agreement.