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… → Read More
Tag Archives: private international law
Top Appeals of 2012: The Appeals Monitor Looks Back
Posted in Case Comments, Class Actions, Features, TortsAs the year draws to a close, we thought it appropriate to look back at the most significant civil appeals of 2012, and to look forward to the appeals in 2013 that are sure to impact Canadian businesses and professions. In this year-end post – the first of a special two-part series – Canadian Appeals… → Read More
Order in the Court? The Van Breda Trilogy – Part V – Constitutional Issues
Posted in Conflict of Laws, Constitutional, Features, Media, Procedure, TortsThe constitutionalization of private international law has been one of the major projects of the Supreme Court of Canada since the decision in Morguard. However, the precise relationship between the Constitution, and the “real and substantial connection” test, has yet to be fully defined. In the Van Breda Trilogy, the Supreme Court returned to this… → Read More
Order in the Court? The Van Breda Trilogy – Part I – An Overview
Posted in Conflict of Laws, Constitutional, Features, Procedure, TortsOrder in the Court? The Van Breda Trilogy – Part I – An Overview In three cases released on April 18, 2012, the Supreme Court of Canada substantially reformulated the common law principles of private international law. In the coming weeks, Canadian Appeals Monitor will provide in-depth coverage of the Court’s judgments in Van Breda,… → Read More