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Jurisdiction

Made in China: MMW has action dismissed for want of jurisdiction

By Bronwyn Martin

Nov12

Moodie Mair Walker successfully brought a motion to dismiss an action on the basis of forum non conveniens. In Kornhaber v. Starwood Hotels, 2014 ONSC 6182, Justice Corbett agreed that the claim, which arose out of a case of food poisoning in China, had no connection to Ontario. In so doing, Corbett J. held that [...]

Posted in Tort Law | Tagged Conflict of Laws, Doctrine of Necessity, Forum Non Conveniens, Jurisdiction, Van Breda

Non-Connection and Not Necessary – You’re Outta Here

By Bronwyn Martin

Apr24

In 2012, the Supreme Court of Canada released its decision in Van Breda v. Club Resorts. Cries of joy and relief were heard across the legal community — we now had a test to apply to tort cases involving multiple jurisdictions! The test was clear: Does the claim have a real and substantial connection to [...]

Posted in Practice and Procedure, Tort Law | Tagged Conflict of Laws, Jurisdiction

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