Posts Tagged ‘New York Supreme Court’

Two Important Ontario Attornment Decisions

September 16, 2013

The first decision is from the Court of Appeal for Ontario in Van Damme v. Gelber2013 ONCA 388  (Ont. C.A.) per  Doherty, J.A. (Cronk and Lauwers JJ.A. concurring). In Van Damme, the plaintiff, a successful businessman and philanthropist obtained judgment in the Supreme Court of New York against the defendant, Nahum Gelber (“Gelber”), relating to Van Damme’s purchase of a painting from Gelber. The painting was being held in Ontario pursuant to an Ontario court order.  Van Damme successfully moved in the Ontario proceeding for an order of recognition and enforcement New York judgment in Ontario and a variation of the earlier Ontario order directing that the painting be released to him, with costs on a substantial indemnity basis. (more…)

The Postman Always Rings Twice: NY Appeals Court Validates Service By Mail On Canadian Defendants

March 2, 2012

The Postman Always Rings Twice (film)

My colleague, Ted Folkman, a Boston area lawyer with a focus on international commercial litigation who also authors the excellent Letters Blogatory, sent me this tweet recently:

Ted and I have had a continuing debate over the issue of validity of service by mail of a Complaint by a U.S. plaintiff on a Canadian defendant under the Hague Service Convention. (more…)

Zen and the Art of Blawging Maintenance

November 7, 2011
Everything Zen

Norm Pattis wrote a post a few months ago entitled: Updated: Rakofsky: Is Internet Mobbing A Tort? charitably offering up to the Plaintiff in the Rakofsky v. Internet litigation the makings of a new nominate tort: (more…)

Recognition or Enforcement of a Foreign Judgment? Contacare Inc. v. CIBA Vision Corporation

August 23, 2011

The Ontario court decision in Contacare Inc. v. CIBA Vision Corporation, 2011 ONSC 4276 (CanLII) [“Contacare”] illustrates when an Ontario court will recognize a foreign judgment and will dismiss an identical action on the ground that the proceeding is frivolous, vexatious or an abuse of process. The question remains whether the impeachment defences of fraud, natural justice or public policy are relevant in the court’s analysis for foreign judgment recognition. (more…)

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