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Canada decisions
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The court held it lacked territorial competence over a wrongful dismissal claim and, alternatively, would decline jurisdiction in favor of Alberta.
The court refused to restrain a bankruptcy trustee from pursuing further examinations in Australia, holding the trustee had not improperly circumvented its earlier order.
The court allowed Brian Roy to add a British Columbia resident as plaintiff in an intended class proceeding and rejected the defendants’ abuse-of-process strike application.
The Federal Court denied Ms. Kostic’s motion to stay a vexatious litigant application, finding no irreparable harm and that the balance of convenience favored Canada.
Beals leaves open unfair forum‑shopping as an analytically distinct exception to recognition of a foreign judgment; the trial judge reasonably found, on the evidence, that the appellant pre‑emptively obtained a Russian divorce to avoid Ontario spousal support and therefore it was open to the court to refuse recognition under s.22(3); no palpable and overriding error was shown, so the appeal is dismissed.
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Interim child and spousal support was partly granted. The Court imputed $1 million income to the respondent, $200,000 to the claimant, and ordered prospective support only.
The Court of Appeal allowed an appeal and granted an anti-suit injunction, finding British Columbia was the clearly more appropriate forum and China lacked a real and substantial connection to the dispute.
The court held that administrative registration of a bare talaq by Egyptian authorities did not constitute a divorce 'granted' by a competent authority under s.22 of the Divorce Act and therefore was not presumptively valid; alternatively, the parties lacked the requisite real and substantial connection to Egypt at the time of the talaq, so the registered talaq could not be recognized in Ontario; accordingly the appeal was allowed, the motion judge's orders were set aside, and the appellant's application (including spousal support) may proceed.
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Issuing and underwriting comprehensive general liability insurance that foresees and covers Ontario risks establishes a sufficient connection (carrying on business/establishing minimum contacts) to permit Ontario courts to assume jurisdiction simpliciter; insurers failed to show Ontario was forum non conveniens in favour of New York; North River is subject to Ontario jurisdiction on the same basis.
Source excerpt
The Court held that a series of related CRT complaints about Society governance should not proceed in the CRT and should be heard in Supreme Court.
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