The respondent, an Ohio corporation, obtained a consent decree and a contempt order against the appellant, an Ontario corporation, in a U.S. District Court for trade-mark infringement.
The respondent sought to enforce these non-monetary foreign orders in Ontario and was granted summary judgment.
On appeal, the Court of Appeal allowed the appeal and dismissed the motion for summary judgment.
The Court held that even if the rules for enforcing foreign non-monetary judgments were relaxed, the foreign orders in this case were too ambiguous in their material terms, particularly regarding their extra-territorial application, to be enforced by Ontario courts.
