Archives for: jurisdiction

Ontario Court of Appeal rejects attempt to broaden provincial courts’ jurisdiction against the federal Crown

Under section 21(1) of the Crown Liability and Proceedings Act, R.S.C. 1985, c. C-50 (“CLPA”) plaintiffs who have a claim against the federal Crown for a matter that occurred within Canada have the choice of bringing their proceeding in either the Federal Court or the province in which the claim arose. In Babington-Browne v. Canada Read more...

Update: When does a defendant submit to a foreign court’s jurisdiction?

There are indeed perils when a defendant ignores a lawsuit brought in a foreign jurisdiction, but a recent decision from the Court of Appeal of New Brunswick highlights what steps must a foreign plaintiff take to enforce a judgment from abroad and what factors must be considered to determine whether a defendant submitted to the foreign Read more...

Aeronautics: Who has the Power?

In Quebec (Attorney General) v. Lacombe, the Supreme Court of Canada protected Parliament’s jurisdiction over aeronautics by reading down a municipal bylaw that was found to be ultra vires the jurisdiction of the municipality and province. The issue considered by the court was the validity of the municipal zoning laws insofar as they impact the Read more...

Jurisdiction under Warsaw Convention: Ontario Superior Court of Justice stays an action arising out of the international carriage by air

In a recent decision, Ashad v. Deutsche Lufthansa Aktiengesllschaft, the Ontario Superior Court of Justice allowed the airline’s motion to stay the passenger’s action on the grounds that Ontario Courts did not have jurisdiction under the Warsaw Convention. The plaintiff passenger alleged that he suffered personal injuries when he unintentionally swallowed pieces of shredded glass Read more...