Here’s a wake-up call for those of you handling breach of insurance contract claims under commercial general liability (CGL) and other types of business insurance policies for clients. (more…)
Posts Tagged ‘Financial services’
Ontario Court of Appeal: One-year statutory limitation period applies to business property loss claimsSeptember 11, 2013
The recent decision of the Ontario Superior Court of Justice in Aldo Group Inc. v. Moneris Solutions Corporation, 2012 ONSC 2581 (CanLII) poses the question:
Can a forum selection clause bind a person who was not a signatory to the contract containing the clause?
In a lengthy judgment, D.M. Brown J. of the Toronto Commercial List Court considered a motion brought by the co-defendant, MasterCard International, Inc. ["Mastercard"] asserting that the claim brought by the plaintiff, Aldo Group Inc. a footwear retailer ["Aldo"] was subject to a forum selection clause specifying the New York courts by reason of the nature of the plaintiff’s claims pleaded against MasterCard, notwithstanding that Aldo was not a privy to either of the two contracts containing the New York forum selection clause. (more…)
Tags:Ontario Superior Court of Justice, New York, Forum selection clause, MasterCard, ALDO Group, New York State, Moneris Solution, Financial services
Posted in conflict of laws, forum non conveniens, jurisdiction, forum selection clause, jurisdiction simpliciter, forum selection, Forum Shopping, consent-based jurisdiction, Z.I. Pompey, Van Breda v. Village Resorts Ltd., "strong cause" test, Momentous.ca | 1 Comment »