Entries by Stephen Pitel

Consent-Based Jurisdiction: Ontario

See Mueller v. Resort Investors International, ULC, [2006] O.J. No. 4952 (S.C.J.) (available here) for a straightforward rejection of the defendant's challenge to the jurisdiction of the Ontario court on the basis that the defendant served and filed both a notice of intent to defend and a statement of defence.  The motions judge held there […]

Halsbury’s Laws of Canada – Conflict of Laws

As part of LexisNexis Canada's new resource collection, Halsbury's Laws of Canada, Janet Walker of Osgoode Hall Law School has authored the volume on Conflict of Laws.  Professor Walker is the author of Castel & Walker, Canadian Conflict of Laws, 6th edition, from the same publisher, which is Canada's leading text in the field.  This […]

Ontario’s Top Court Confirms Importance of Jurisdiction Agreements

In Crown Resources Corp SA v National Iranian Oil Corp [2006] OJ No 3345 (CA), decided August 22, 2006, the Court of Appeal for Ontario overturned a lower court decision which had not given effect to a jurisdiction clause in favour of litigation in Iran.  The Court of Appeal confirmed that a "strong cause" had […]