Professor, Western University
In common law Canada there is a clear separation between the question of a court having jurisdiction (jurisdiction simpliciter) and the question of a court choosing whether to exercise or stay its jurisdiction. One issue discussed in the Supreme Court of Canada’s recent decision in Haaretz.com v Goldhar (available
Another issue in the recent Supreme Court of Canada decision in Haaretz.com v Goldhar (available
The doctrine of forum non conveniens, in looking to identify the most appropriate forum for the litigation, considers many factors. Two of these are (i) a desire to avoid, if possible, a multiplicity of proceedings and (ii) any potential difficulties in enforcing the decision that results from the litigation. However, it is important to keep […]
One of the points of interest in the Supreme Court of Canada’s recent decision in Haaretz.com v Goldhar (available
The decision to stay proceedings under the doctrine of forum non conveniens is discretionary, which in part means that appeal courts should be reluctant to reverse the decisions of motions judges on the issue. It comes as some surprise, therefore, that the Supreme Court of Canada has disagreed with not only the motions judge but […]
The most recent issue of the Osgoode Hall Law Journal (available
Tanya Monestier (Roger Williams University School of Law) has published an article (available
The Supreme Court of Canada, in Office of the Children’s Lawyer v Balev (available
Shortly before Christmas the UKSC released its decision on jurisdiction in Brownlie v Four Seasons Holdings Incorporated (
In Beaver v Hill, 2017 ONSC 7245 (