Another Step Forward: Recognition of Non-Monetary Orders in Ontario
The courts of Ontario have taken another step forward in the recognition and enforcement of foreign non-monetary orders. In Re Grace Canada Inc. (available here) the Superior Court of Justice recognized a Manitoba order which had allowed a law firm to act in a particular matter by finding it was not in a conflict of interest. Grace Canada Inc. had opposed recognition on the basis that the Manitoba order was non-monetary. The Superior Court of Justice relied on two earlier recent Court of Appeal for Ontario decisions supporting the recognition of non-monetary orders: Re Cavell Insurance Co. (available here) and Pro-Swing v. ELTA Golf Inc. (available here). An appeal of the latter decision was heard by the Supreme Court of Canada in December 2005 and a decision is eagerly awaited.
This is an interesting addition to what is an emerging area of law in Canada. For those interested please see this article of mine in the recent issue of the UBC Law Review: ‘Enforcing Foreign Non-Money Judgments: Some Recent Developments in Canada and Beyond’ (2006) 39 University of British Columbia Law Review 257-286
The Supreme Court of Canada’s decision in Pro Swing v. Elta Golf Inc. will be released on Friday, November 17, 2006 at 9:45 a.m. See http://scc.lexum.umontreal.ca/en/news_release/2006/06-11-14.2/06-11-14.2.html
Antonin I. Pribetic
Steinberg Morton Hope & Israel LLP
Thanks for these additional related news items. The Canadian conflict of laws community eagerly awaits the SCC decision in ProSwing this Friday.