e-Lawg : A Canadian Perspective on Intersections of Law and Technology
Updated: 18/02/2005; 11:35:43 PM.

 

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August 30, 2004

The Ontario Court of Appeal in United Laboratories, Inc. v. Abraham held that a judgement of an Illinois Court was enforceable in Ontario against an Ontario resident who did not defend the claim in Illinois. There was a real and substantial connection between Illinois and the subject matter of the litigation.

The Ontario resident argued that he should not be liable as the underlying contract contained an arbitration clause requiring any disputes to be resolved by Arbitration in Ontario.  The Court held that this jurisdictional question should have been raised in the Illinois proceeding, not at the time of enforcement. 


10:51:38 PM    comment []  trackback []  

The Ontario Court of Appeal in Renaissance Leisure Group Inc. v. Frazer had to consider the following scenario"

"A is found liable in tort and, in the same action, successfully claims contribution against B.  A then brings a second action claiming contribution from C, who was not named as a party in the first action.  Is A bound by the findings of fact in the first action?  Is A entitled to assert the claim for contribution against C on the basis that 100 per cent of the fault is to be apportioned between A and C, without regard to the apportionment of fault made against B in the first action?"

The aswers to the questions are NO and NO.


10:30:27 PM    comment []  trackback []  

From Richard Posner "a rich discussion of the laws that govern or should govern virtual worlds, see Balkin. Also a paper by Lastowka and Hunter."
9:54:40 PM    comment []  trackback []  

PRIME MINISTER ANNOUNCES APPOINTMENTS TO THE SUPREME COURT OF CANADA. Prime Minister Paul Martin today announced that Her Excellency the Governor General has approved his recommendation that the Honourable Louise V. Charron and the Honourable Rosalie Silberman Abella be appointed as Justices of the Supreme Court of Canada. [Government of Canada News - National]
9:15:09 PM    comment []  trackback []  

WTO UPHOLDS FAVOURABLE RULING ON CANADIAN WHEAT BOARD.  [Government of Canada News - National]
9:14:15 PM    comment []  trackback []  


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