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The court dismissed a request for an interim property advance for living expenses, held the Family Law Act provisions cited did not authorize that relief, and made limited conduct orders.
Ontario is the forum conveniens because the core evidence, witnesses, and events giving rise to the dispute are predominantly located in Ontario, transfer avoids multiplicity and conflicting decisions, and Ontario presents no significant juridical disadvantage; consequently the Supreme Court of Nova Scotia declined to exercise territorial competence and requested transfer to Ontario while preserving the existing Nova Scotia interim ex parte order until the receiving court accepts the transfer or determines the children's location.
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The Court allowed the appeal, concluded the trial judge erred by failing to adequately apply and reason the injunctive test in a child context, by denying ex parte relief on vague procedural fairness grounds without considering an inter partes hearing, and by prematurely and without notice relying on the federal Act; the proper remedy is to remit the Originating Application to the Supreme Court, Family Division for a full inter partes evidentiary hearing; in the interim removal from the appellant’s care and from Newfoundland and Labrador is restrained as ordered.
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The court granted Norwich and preservation orders against Binance and Coinbase in a crypto fraud case, finding sufficient British Columbia connections and a prima facie claim.
The Federal Court dismissed Mr. Gerlings’ judicial review, finding he was not registered under the ETA and that assessment-related procedural fairness issues belong in the Tax Court of Canada.
British Columbia Court of Appeal dismissed appeals in a class-action certification case alleging an international price-fixing conspiracy affecting Canadian purchasers.
The court refused leave for Mr. Dick to start a new civil claim against Mr. Baker, finding the proposed action about Mexican property was doomed to fail.
The court found territorial competence under CJPTA s.4(d) because ACI's central management was exercised in Nova Scotia (director/president and corporate mailing/head office listed in Nova Scotia); the forum selection clause selecting Illinois law and jurisdiction is valid and applicable to the contract claims; Pentacap failed to show strong cause to avoid enforcement of the clause; consequently the court stayed the contractual claims in favour of Illinois; the court also stayed the related tort claims as Illinois is the more appropriate forum to avoid multiplicity and inefficiency; the summa…
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The court dismissed McKinsey’s strike application in a proposed opioid-cost recovery class action, holding the pleadings were sufficiently arguable and could proceed to trial.
The court dismissed a Quebec defendants’ application for a stay pending appeal of a jurisdiction ruling in the opioid class action.
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