Search terms: Litigation, Canada
The Ontario Court of Appeal has allowed the Society of Lloyd's application for English judgments against Canadian member names to be registered and enforced in Ontario. The court that found the failure of Lloyd's to meet the Securities Act prospectus requirements did not render the judgments unenforceable.
The effect of the Chadda v Bayer decision is that, in future, it will be very difficult to pass the test for certification of indirect purchaser classes in Competition Act private actions.
The Supreme Court of Canada has ruled that courts have discretion to refuse to apply the issue estoppel doctrine where the technical prerequisites are met but injustice may result.
Including: Canadian Courts; Quebec Civil Law; Contingency Fees; Class Proceedings; Case Management; Ontario's Mandatory Mediation Programme; The Toronto Commercial List; Limitation Periods; Costs; Security for Costs; Enforcement of Foreign Judgments in Canada.
A recent Ontario Court of Appeal decision sends a message that owners, officers and directors can be held to account if they authorize an otherwise legitimate corporate reorganization that has the effect of placing a corporation's assets outside the reach of its existing and contingent creditors.
For many years, the courts and members of the legal profession have been asking for legislation allowing contingency fees in Ontario. So far the legislature has not acted. The Superior Court has now taken the initiative and approved contingency fees in two recent decisions.