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The Court revoked a British Columbia grant of administration after finding non-disclosure and misrepresentations on an ex parte application, and declined to appoint a substitute administrator.
Ontario had jurisdiction under the real and substantial link test because the Appointment Order concerned an Ontario company and was obtained to enforce an Ontario judgment; the Appointment Order clearly and exclusively authorized the Receiver to exercise Xela’s shareholder rights and to act on Xela’s behalf, and the appellant intentionally breached that Order by signing a declaration and enabling a Panamanian criminal complaint against the Receiver’s agents without leave or consent, thereby committing civil contempt; given the egregious, deliberate conduct, absence of remorse or effective pu…
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The court enforced a Minnesota Letter Rogatory seeking Sumio Matsumoto’s deposition in a pork antitrust MDL, finding the evidence relevant, unavailable elsewhere, and not unduly burdensome.
The Federal Court dismissed Google’s Rule 151 sealing motion, holding that international comity and foreign sealing orders did not justify secrecy on the evidence before it.
The court partly struck the defendants’ pleading, allowed some illegality-based defences to remain, and stayed the counterclaim for lack of BC jurisdiction.
The motion to expedite the appeals is dismissed because Vale did not establish sufficient urgency; parallel New York proceedings and an active foreign timetable do not, by themselves, require the Court to advance its hearing and doing so would risk facilitating an improper race between fora; comity and forum non conveniens principles counsel against expedition absent compelling reasons.
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The court dismissed an application to enforce Arizona letters rogatory, finding the requested evidence was still obtainable in ongoing U.S. discovery and enforcement would be unduly burdensome.
The court refused to adjourn Google’s application to vary or vacate an injunction, holding that Google had a clear right to seek relief and had acted promptly.
The court enforced New York letters rogatory to examine Simon Au in British Columbia, finding the evidence relevant, not otherwise obtainable to the same value, and not unduly burdensome.
Section 15(2) can be read to authorize orders for technical or expert assistance necessary to bring seized digital material 'before' the judge for purposes of a s.15(1) sending hearing, but the application judge erred in appointing an FBI 'clean team' because using an entity closely associated with an adversary offends the appearance of fairness; absent unique, justified expertise or prohibitive cost differential, an independent reviewer should be used; therefore the order authorizing the FBI team is set aside and the matter remitted for further directions.
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