The appellant sought to enforce a U.S. consent decree and contempt order against the respondent in Ontario for trademark infringement.
The Supreme Court of Canada held that while the traditional common law rule should be changed to allow the enforcement of foreign non-monetary judgments in appropriate circumstances, the specific orders in this case were unenforceable.
The Court found the contempt order to be quasi-criminal in nature and the consent decree's extraterritorial application to be unclear, raising concerns about comity and the use of domestic judicial resources.
