Written on August 10, 2016.
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 […]
Written on February 18, 2015.
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 […]
Written on November 1, 2013.
A recent decision from New Brunswick highlights the perils of a defendant ignoring a lawsuit brought in a foreign jurisdiction. In the case of Ward v. Nackawic Mechanical Ltd., 2013 NBQB 296 (CanLII), the plaintiffs obtained an order enforcing an Ohio Court default judgment in the amount of CDN $965,980. The case arose from an incident […]
Written on January 30, 2012.
The Saskatchewan Provincial Court has sentenced a pilot to a term of 9 months imprisonment following a tragic accident on May 10, 2010. The pilot, Parker Butterfield, pled guilty to dangerous operation of an aircraft causing death, contrary to section 249(4) of the Criminal Code. Butterfield and the victim, William Bleach, were both commercial pilots employed […]