The Supreme Court of Canada has just released a significant decision on issue estoppel and police disciplinary proceedings in Penner v. Niagara (Regional Police Services Board), 2013 SCC 19 (SCC). (more…)
Posts Tagged ‘Court of Appeal’
Issue Estoppel and Police Disciplinary Proceedings: Penner v. Niagara (Regional Police Services Board) (SCC)
April 5, 2013The Lawyers Weekly article discusses Ont. C.A. decision in Wang v. Lin
March 6, 2013As a follow-up to my recent post on the Court of Appeal for Ontario decision in Wang v. Lin, I’m quoted in an article by Christopher Guly in the The Lawyers Weekly March 8-13 issue: “When family breakdown spans the globe, from China to Canada“.
Ontario Court of Appeal: Jurisdiction Simpliciter Established by Defendant’s Residence in Ontario and Attornment
February 26, 2013
Court of Appeal window (Photo credit: lancea)
The Court of Appeal for Ontario in Zhang v. Hua Hai Li Steel Pipe Co. Ltd., 2013 ONCA 103 (CanLII), has reaffirmed that jurisdiction simpliciter is established by presence-based jurisdiction and consent-based jurisdiction (delivery of a Statement of Defence and other merit-based steps constitute attornment):
[5] In our view, the appeal should be dismissed but for reasons different from those given by the motion judge.
[6] This is not a jurisdictional case. The respondents live and were served in Ontario and the Ontario courts accordingly have jurisdiction. It is also significant that before the respondents brought the motion challenging the jurisdiction of the court, the appellants filed a statement of defence and took other steps in connection with the action. Even if the appellants had not been served within Ontario, they have attorned to the jurisdiction.
[7] The forum non conveniens issue is not relevant.
[8] We see no merit in this appeal and it is therefore dismissed.
Ontario Court of Appeal decision on Setting Aside a Registrar’s Dismissal Order
January 8, 2013
The recent Court of Appeal for Ontario decision in Habib v. Mucaj, 2012 ONCA 880 provides a helpful overview of the legal test for setting aside a Registrar’s dismissal order: (more…)
Antonin I. Pribetic
