This week, the Supreme Court of Canada granted leave to appeal in one case, and denied leave to appeal in two other cases, all likely to be of interest to Canadian business.
The Court granted leave to appeal from the Alberta ruling in Atco Gas and Pipelines Ltd. v Alberta, 2013 ABCA 310. Under the applicable regime for setting consumer rates, the Alberta Utilities Commission has the power to consider expenditures undertaken by the regulated company. At issue was the extent to which the cost-of-living adjustments owing under the company’s pension plans could be claimed by the company. The … Continue Reading
This week the Supreme Court of Canada granted an application for leave to appeal the decision of the Ontario Court of Appeal in Yaiguaje v. Chevron Corporation 2013 ONCA 758. As a result, the Supreme Court of Canada will review the jurisdictional requirements for the enforcement of foreign judgments in Canada.
The case is particularly important to multi-national enterprises because it involves an attempt to enforce in Canada a foreign judgment against a non-Canadian judgment debtor and against its Canadian subsidiary, which was not a party to the litigation. The foreign judgment debtor had no presence and no assets … Continue Reading
The Supreme Court of Canada denied leave to appeal from two cases of interest to Canadian businesses, particularly insurers.
The application for leave to appeal in Malhotra v. State Farm Fire and Casualty Company, 2013 ONCA 326 concerns two orders appointing an umpire under s. 128 of the Ontario Insurance Act. The dispute was in respect to five properties owned by the applicant, Ms. Malhotra, and insured by the respondent.
The applicant maintained that each property required a separate umpire be appointed but the Court of Appeal dismissed the appeal of the decisions appointing a single umpire for … Continue Reading