“It will be interesting to see how, if at all, the Van Breda test will affect the Ontario government’s consideration of the “unofficial” Consultation Report authored by Prof. Janet Walker under the auspices of the Law Commission of Ontario, recommending the enactment of a modified version of the ULCC’s Court Jurisdiction and Proceedings Transfer Act. The Ontario Bar Association Submission on the Codification of Judicial Jurisdiction in Ontario response, of which I was a contributor, argued for an enactment of the model CJPTA without significant modifications, to ensure uniformity or, at least, harmonization with other provincially codified versions.”
Defendant seeks leave to appeal to the Supreme Court of Canada in Van Breda v. Village Resorts Ltd.
An update for readers of The Trial Warrior Blog on the recent Ontario Court of Appeal decision in Van Breda v. Village Resorts Limited, 2010 ONCA 84, (which, gratefully, has been my blogging muse of late). It turns out that on May 3, 2010, the defendant, Club Resorts Ltd., filed a motion for leave to appeal to the Supreme Court of Canada.
It would be helpful for the Supreme Court of Canada to weigh in on whether the Van Breda refines conflict of laws analysis for subject-matter jurisdiction. As I noted previously,
The Appellant, Club Resorts Ltd. is represented by my former colleague and mentor, John A. Olah of Beard Winter LLP (with Colin S. Baxter of Cavanagh Williams Conway Baxter LLP, as Ottawa agent).