In Matiko John v. Barrick Gold Corporation, the Court dismissed the appeal and upheld the motion judge’s decision to decline jurisdiction over a claim of human rights abuses and torture at a mine in Tanzania owned by a Barrick Gold Corporation subsidiary. The Court agreed that Ontario had little connection to the dispute, that key evidence and witnesses were located in Tanzania and could not be compelled in Ontario, and that there was insufficient evidence to conclude that the Tanzanian legal system could not provide a fair trial.
In Canadian National Railway Company v. Kitchener (City), the Court dismissed CN’s appeal from a summary judgment order that struck its coal tar contamination claims against Hogg as an abuse of process. CN had previously commenced a 1989 Action advancing the same continuing contamination claims, which was dismissed for delay. The Court held that CN could not resurrect those claims in a 2014 Action, as doing so would undermine the integrity of the administration of justice.
In Natario v. RBC Insurance Company of Canada, the order appealed from that denied the insurer leave to amend its pleading to add a civil fraud defence was a final order because it foreclosed that defence. The Court therefore had jurisdiction to hear the appeal and the motion to quash the appeal was dismissed.
In Dale v. Toronto Real Estate Board, the Court dismissed an appeal from a dismissal of a motion to set aside a consent dismissal order.