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Ontario Court of Appeal upheld enforcement of a Dubai-seated arbitral award, holding the agreement incorporated amended rules and Article V of the New York Convention was not breached.
Ontario Court of Appeal upheld recognition and enforcement of a German default judgment, holding the Munich court had jurisdiction and the arbitration clause did not bar enforcement.
The court found territorial jurisdiction in British Columbia, but declined to exercise it for child and spousal support in favour of China and recognized parts of a 2022 Chinese family judgment.
The court refused to enforce a Chinese default judgment, finding the defendant had not received actual notice and was denied a fair opportunity to defend.
British Columbia Supreme Court recognized and enforced an Ohio judgment arising from a settlement default, rejecting objections based on notice, fraud, jurisdiction, and novation.
The court ordered Big Indian Ventures, LLC to post $70,000 security for costs, but refused to order security against individual plaintiff Mark A. Steen.
The court declined to stay a cross-border family case, finding British Columbia the more appropriate forum for parenting issues involving two children habitually resident in BC.
The court refused summary trial enforcement of two Chinese judgments, finding the notice, fraud, and forum issues were too factually contested and credibility-dependent to decide summarily.
Carey J.'s order under Rule 31.10 was made without jurisdiction because no proceeding had been undertaken in Ontario; the Court of Appeal set that order aside and awarded costs to the appellant in the fixed amount of $5,000 inclusive, in addition to a prior unpaid award of $4,000.
Source excerpt
The motion judge erred in rejecting the real and substantial connection test and in elevating presence/consent and foreign enforceability concerns to a stand-alone jurisdictional test; an Ontario court may assume jurisdiction over AFCs where (1) a real and substantial connection exists between the subject matter and Ontario and jurisdiction exists over the representative plaintiff and defendants, (2) there are common issues between the representative plaintiffs and AFCs, and (3) procedural safeguards (adequacy of representation, adequacy of notice, opt-out) are provided; forum non conveniens…
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