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The Ontario Court of Appeal dismissed an appeal over forum and arbitration clauses, holding the dispute over HPI share options belonged in Delaware and the forum clause was enforceable.
The court found Nova Scotia had territorial competence because the respondent was ordinarily resident in Nova Scotia at commencement and there was a real and substantial connection, but exercised its discretion under the CJPTA to decline jurisdiction and stayed the Nova Scotia parenting proceeding in favour of the 455th District Court, Travis County, Texas, because Texas was a more appropriate forum given multiplicity of proceedings, conflicting orders (Texas protective order), the scope of Texas proceedings (divorce encompassing all issues), relative diligence of the parties, and considerati…
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The Supreme Court of Canada dismissed an appeal about annulling a declaratory judgment of death, holding that lack of service was not fatal here and that return can be proved on a balance of probabilities.
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.
Court of Appeal: (1) Dismissed Airbnb, Inc.'s appeal of the chambers judge's dismissal of its jurisdictional objection because Airbnb, Inc. contracted with Canadian Guests prior to June 30, 2014, establishing territorial competence; (2) Allowed Airbnb Canada's appeal and dismissed the claim against it because the pleadings and evidence did not establish a real and substantial connection to British Columbia (Airbnb Canada only provided marketing/support under service agreement); (3) Allowed appeal from certification: chambers judge correctly found pleaded causes of action were not plainly boun…
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Because E. became habitually resident in Italy when relocated in July 2025, s.6.3 of the Divorce Act removes this Court's jurisdiction to make the requested parenting and travel orders absent the child's presence in British Columbia and exceptional circumstances, which were not shown; a Separation Agreement cannot preserve jurisdiction contrary to s.6.3.
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The court granted derivative leave because the applicant proved it acted in good faith and the claim was in CF Energy's best interests: the underlying contractual claim was viable and substantial; the respondent's evidence of a board decision to litigate in China was too vague to attract full business-judgment deference, and there is a reasonable prospect an Ontario court would extend time to permit service of the 2022 Statement of Claim; accordingly leave under s.232(2) BCA was appropriate while security for costs was deferred and left open for later application.
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Plaintiffs failed to establish a real and substantial connection between British Columbia and the facts pleaded under CJPTA s.3(e)/s.10 because the pleadings and evidence did not show the alleged torts, restitutionary obligations or operative business activities occurred in BC; the presumption of jurisdiction was not triggered or was rebutted and the action is therefore dismissed for lack of territorial competence.
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The Child most recently resided and was 'at home' in Abbotsford, British Columbia; the claimant did not acquiesce or delay such that s.72(3) would change habitual residence; therefore BC courts have jurisdiction simpliciter under ss.72-74 FLA; the respondent failed to establish that Bolivia is a clearly more appropriate forum (forum non conveniens), particularly given Bolivian orders obtained without proper notice and respondent's misleading communications; however an immediate indefinite return order would not be appropriate on the materials because of best interests and family violence cons…
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The petition was granted in part and dismissed in part. The Court ordered Hirji to produce specified, narrowly tailored categories of documents relevant to the transaction and causation (including due diligence materials, MyApps' financial statements and condition, business outlook documents, communications between Hirji and identified key persons specifically concerning the proposed or actual transaction, documents evidencing Hirji's identification of MyApps as a target, communications to investors concerning the merger transaction, and communications about advisory contracts to the extent t…
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