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Court of Appeal upheld a permanent stay of two related actions against Barrick Gold, finding Tanzania was the clearly more appropriate forum and rejecting fresh evidence.
The motion judge did not misapprehend or fail to consider material evidence; weighing efficiency, fairness and comity factors, Quebec is the clearly more appropriate forum for the dispute (given Foundation contacts, contracts and evidence), the stay of the Newfoundland and Labrador action is upheld, and post-decision Quebec proceedings were admissible as additional evidence on appeal under the Palmer/rule 37 test.
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The court dismissed a Quebec defendants’ application for a stay pending appeal of a jurisdiction ruling in the opioid class action.
The court refused to defer the defendant’s Response in a proposed class action, holding that filing a Response does not amount to attornment and may aid jurisdiction issues.
BCSC held the child was habitually resident in British Columbia and declined to defer to Washington, so it assumed jurisdiction over the parenting dispute.
The court found the child was habitually resident in British Columbia, held there was no implied consent or acquiescence to relocation, and kept jurisdiction in B.C.
The Federal Court partly allowed McCain’s appeal, struck two licence/acquiescence declarations in a third party claim, and otherwise dismissed Elea’s motion to strike or stay.
The Supreme Court of Canada confirmed Ontario had jurisdiction over an internet defamation claim, but stayed the action because Israel was the clearer forum.
The court refused to take judicial notice of the defendant's media persona because the statements were not beyond reasonable dispute and were not from an indisputably accurate source; the plaintiff's not-for-profit status was of little relevance to costs; absent special circumstances to depart from Tariff C and given the matter was heard in less than a half day, not complex, and not determinative of the whole action, a lump sum award under CPR 77.08 of $3,500 inclusive of disbursements is just and does equity between the parties.
Source excerpt
The court dismissed Trisura’s application to stay the British Columbia action, holding Alberta was not shown to be the clearly more appropriate forum.
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