Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Tag Archives: Hague Convention

No Place To Hide: Service In States That Are Not Signatories To The Hague Convention

Posted in Case Comments, Procedure

On February 23, 2017, the Supreme Court of Canada refused leave to appeal the Court of Appeal’s decision in Xela Enterprises Ltd. v. Castillo: a case in which the Court determined that it is acceptable to serve parties in accordance with the Rules of Civil Procedure in states that are not signatories to the Hague Convention.… Continue Reading

The Second Opinion: International Uranium Dispute Undermined by the Hague Convention

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in Features, The Second Opinion

A very recent ruling of the Ontario Court of Appeal, Khan Resources Inc. v. Atomredmetzoloto JSC, 2013 ONCA 189, is significant for two reasons:  first, it provides appellate authority addressing the interaction between domestic civil procedure rules and international conventions; and, secondly, it highlights a potential pitfall facing Canadian companies doing business with foreign entities (and particularly state-controlled foreign entities).

In order to develop a uranium mine in Mongolia, a Canadian mining company and two of its affiliates had entered into a joint venture with two Russian companies, both of which were controlled by the Russian … Continue Reading