3 total
Forum non conveniens stay upheld in favour of Quebec.
The appellant appealed an order staying its Ontario action for negligent tax advice arising from the settlement of a Quebec action.
The Court of Appeal held that the motion judge applied the correct forum non conveniens principles and properly concluded that Quebec was clearly the more appropriate forum.
The court rejected the submission that reliance on the retainer agreement was erroneous, because the claim was pleaded in both tort and contract.
The appeal was dismissed with agreed costs to the respondents.
Appeal dismissed; Florida default judgment enforced in Ontario based on real and substantial connection.
The appellant appealed an order enforcing a Florida default judgment in Ontario.
The Court of Appeal upheld the application judge's finding that there was a real and substantial connection between Florida, the claim, and the appellant.
The court also agreed that the appellant failed to establish defences of fraud or denial of natural justice, and that the Florida judgment was final for enforcement purposes.
The appeal was dismissed with costs.
Florida default judgments recognized but enforcement stayed pending a motion to set them aside in Florida.
The applicant sought to recognize and enforce two default judgments from a Florida court against the respondent for his role in a complex fraud scheme.
The respondent challenged the jurisdiction of the Florida court and raised defences of fraud and denial of natural justice.
The court found a real and substantial connection between the respondent and Florida, and rejected the defences.
However, because the respondent had a pending motion in Florida to set aside the judgments, the court recognized the judgments but stayed their enforcement in Ontario pending the outcome of the foreign motion.
