Dwight Newman on "Van Breda: Ont. CA’s clarification on jurisdiction creates confusion"

Dwight Newman (University of Saskatchewan College of Law) has published an opinion piece in the March 5th edition of The Lawyers Weekly entitled: “Van Breda: Ont. CA’s clarification on jurisdiction creates confusion” which merits reading. Professor Newman offers a cogent critique of the Van Breda decision (which I also discussed previously here , here  and here), noting:

“Indeed, in my view, the judgment shortcircuits developing legislative discussion within Ontario on the very jurisdiction test it changes, creates problems for other provinces that were following the previous Ontario position but cannot follow the Van Breda test, and is likely to spark significant amounts of litigation trying to sort out the meaning of the forum of necessity doctrine it creates—with the judgment all the while containing errors on some of the authorities it cites that could raise questions about its persuasiveness.”

 

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