March 31, 2023
At our weekly meeting, Nasra Esak discussed the recent decision of the Ontario Court of Appeal in 778938 Ontario Limited v. EllisDon Corporation, 2023 ONCA 182. OVERVIEW This appeal arose from an unsuccessful motion to stay an Ontario action on the basis that the Ontario Court did not have jurisdiction over a dispute involving […]
March 08, 2023
By Meryl Rodrigues In the recent decision of Sinclair v. Amex Canada Inc.[i], the Ontario Court of Appeal reaffirmed the principles in the oft-cited jurisdictional decision of Van Breda[ii], and articulated a (perhaps disputable) framework for their application in a given case, following the appeal of three Italian companies from the dismissal of their motion […]
February 15, 2023
By Franz Lopez In Black & MacDonald Limited v Eiffage Innovative Canada Inc.,[1] the Ontario Court of Appeal addressed an appeal of a lower court’s decision to stay two proceedings related to the construction of the Alex Fraser Bridge crossing over the Fraser River in Delta, British Columbia (the “Project”) as a result of jurisdictional […]
December 07, 2022
By Kathryn Orydzuk In MDG Newmarket Inc. v Symonds, 2022 ONSC 6481, Justice Vermette rendered a decision on an interesting motion that touched upon the doctrine of abuse of process, and when commencing a separate action in the Superior Court may effectively be considered an attempt to transfer a matter out of the Small Claims […]
May 31, 2021
In Orum v. Maksuta, 2021 ONSC 2974, the plaintiff was struck by a motor vehicle in Michigan. He commenced an action in Ontario against the driver and also against his Ontario insurer for uninsured/underinsured coverage. He did not commence an action in Michigan and the limitation period to do so expired. The defendant driver brought a motion […]
May 28, 2021
At our weekly meeting, Chris MacDonald discussed the Superior Court’s decision in Del Giudice v. Thompson, 2021 ONSC 2696. In this decision, the plaintiffs, Rina Del Giudice and Daniel Wood, sought court approval of a settlement agreement with the defendant, Github Inc., pursuant to section 29 of the Class Proceedings Act, 1992, whereby the action would […]
