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Appeal court dismisses Airbnb’s stay application pending appeal from class certification and a jurisdiction ruling, finding no irreparable harm and that the balance of convenience favours proceeding.
Adjudicator found the claim is not grounded in maritime law but in duties owed to the goods' owner once the loader was landed in Halifax; Nova Scotia has a real and substantial connection to the facts under the Court Jurisdiction and Proceedings Transfer Act and the Small Claims Court may hear the matter; claimant must present evidence at a scheduled pre-hearing/trial to establish liability.
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The Yukon Court of Appeal held that a discontinued corporation is no longer a “corporation” under the BCA, so Yukon lacked subject matter jurisdiction over an oppression claim.
The Court of Appeal held the pre-certification order was not an appealable order and quashed the appeal. Alternatively, leave to appeal was refused.
Class proceeding certification granted in part against Airbnb on alleged statutory and contractual illegality in accommodation rental services; abuse of process and jurisdiction challenges dismissed.
The court holds that it has territorial jurisdiction by virtue of the defendants' residence but, applying s.12 factors of the Court Jurisdiction and Proceedings Transfer Act and relevant case law, finds Ecuador is the clearly more appropriate forum for resolving the contract dispute (contract made in Ecuador, governed by Ecuadorian law, property and witnesses located in Ecuador); accordingly the Nova Scotia proceeding is stayed in favour of Ecuador, and the defendants' abuse of process counterclaim cannot be separated and heard in Nova Scotia under Rule 88.05 and does not survive the stay.
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The Nova Scotia court has territorial jurisdiction to determine enforcement of the Alaskan judgment against the Nova Scotia incorporated Advanced Commercial Credit International because the company is resident in Nova Scotia by virtue of its head office (CJPTA ss.4(d) and 8) and enforcement claims attract a presumption of a real and substantial connection (s.11(k)); no other forum was shown to be more appropriate, therefore the motion to decline jurisdiction was dismissed.
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British Columbia Court of Appeal dismissed appeals in a class-action certification case alleging an international price-fixing conspiracy affecting Canadian purchasers.
The Court of Appeal dismissed Merchant Law Group LLP’s appeal, upholding BC as the proper forum and validating out-of-province service under Rule 4-5(6).
The British Columbia Court of Appeal dismissed Altria’s appeal and upheld territorial jurisdiction in a JUUL vaping class action, finding a good arguable case under the CJPTA.
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