Thursday, 19 April 2012

SCC Releases Two Key Decisions on Jurisdiction

Yesterday the Supreme Court of Canada released two key decisions.  Its decision in Van Breda v. Club Resorts 2012 SCC 17a tort action arising from injuries a Canadian sustained in Cuba, by and large agrees with the Ontario Court of Appeal's revisions to the law governing when a court has jurisdiction over non-resident defendants, and how a court decides whether to exercise that jurisdiction or to stay proceedings in favour of a foreign proceeding.   The Court upheld the OCA's decision that the action be litigated in Ontario.

The SCC's decision in Black v. Breeden 2012 SCC 19, a libel action arising from the publication in Canada of defamatory statements made in the United States, also upholds the lower courts' decisions dismissing the defendants' motions to stay the Ontario action.

I will provide commentary in a future post.  Your comments are welcome.

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