Case Comment

  1. Supreme Court reaffirms low threshold for jurisdiction in recognition and enforcement cases

      Imagine you’re a plaintiff, after months, or even years, of gruelling litigation in a foreign country – be it the United States, the United Kingdom or the United Republic of Tanzania – a foreign court has finally granted judgment in your favour.  You’ve won.  Your rights have been vindicated.  At long last, you can […]

    Read More
  2. Case Comment: Contractual Good Faith and Honest Performance

                The Supreme Court of Canada Enunciates the Principle of Contractual Good Faith andDuty of Honest Performance: Bhasin v. Hrynew, 2014 SCC 71     By Tamara Ramsey and Sarah Latimer     In fall 2014, the Supreme Court of Canada released a decision that recognized a new common law […]

    Read More
  3. Case Comment: The (New) Rules for Summary Judgment

    Case comment: The (New) Rules for Summary Judgment, Hryniak v. Mauldin   In January 2014 the Supreme Court of Canada released its much anticipated decision regarding the amended Ontario rules for summary judgment in Hryniak v. Mauldin. The Honourable Madam Justice Karakatsanis penned the decision (concurred in by the other six members of the panel). […]

    Read More
  4. Inappropriate Summary Judgment: To Stay or Not To Stay

    One of the many new departures in the Court of Appeal’s landmark decision in Combined Air Mechanical Services Inc. v. Flesch is its suggestion that a responding party deal with a premature or inappropriate motion for summary judgment by moving to stay it. The Court of Appeal effectively turned a rule that allows a party […]

    Read More
  5. Ordering Payment into Court – the OCA Clarifies Rule 45.02

      Sadie Moranis Realty Corporation v. 1667038 Ontario Inc. et al., 2012 ONCA 475 This July, the Ontario Court of Appeal attempted to clarify the application of rule 45.02, which provides for payment of a specific fund into court. The Court of Appeal endorsed a three-part test to determine if funds ought to be paid […]

    Read More
1 2