Susan Brown of Fraser Milner Casgrain LLP provides a thorough analysis of the current state of the law of jurisdiction in Ontario in “Governing Law Clauses: Jurisdiction, An Evolving Area of Law in Ontario (2011 Update)“.
The updated paper (originally presented at the 2010 CCLA Solicitors Conference) discusses, inter alia, the Court of Appeal for Ontario decisions in Van Breda v. Village Resorts Limited, 2010 ONCA 84 and Momentous.ca Corporation v. Canadian American Association of Professional Baseball Ltd., 2010 ONCA 722 (CanLII), 2010 ONCA 722, 103 O.R. (3d) 467, both of which have wended their way to the Supreme Court of Canada.
I commend Brown’s article to civil and commercial litigators,corporate counsel, legal academics and law students.
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- Case tests reach of Canadian courts (theglobeandmail.com)
- Supreme Court of Canada Agrees To Hear A “Momentous” Decision on Consent-Based Jurisdiction (thetrialwarrior.com)
- Nova Scotia Court Throws a “Curve” on Consent-Based Jurisdiction (thetrialwarrior.com)