Hollow Victory for Ecuadorian Villagers?
Could Chevron’s Canadian subsidiary be liable for environmental damages awarded against Chevron, the parent company, in Ecuador? This question remains unanswered despite the recent release of a much-anticipated Supreme Court of Canada decision. The Supreme Court decision is important in that it clarifies the law on when Canadian courts will agree to hear lawsuits for the recognition and enforcement of foreign judgments. However, several of the most interesting legal issues, which could have extraordinary implications for corporate structuring of multi-national companies, remain unaddressed. Environmental Destruction in Ecuador The Lago Agrio region of the Ecuadorian Amazon is internationally known for the ... [more] Full article
Supreme Court Denies Leave to Appeal from Foreign Arbitral Award Enforcement Decision
The Supreme Court of Canada has refused to grant leave to appeal from the Sociedade-de-formento decision. Earlier this year, the B.C. Court of Appeal held that Mareva injunction can be granted ... [more] Full article
Injunctions available to enforce foreign arbitral awards, BC court says
The New York Convention permits parties to arbitrations to enforce arbitral awards in any contracting state, including Canada. This means that Canadian courts are not entitled to consider whether the ... [more] Full article
Aldo can sue MasterCard in Ontario, court rules
A choice of forum clause will generally not be enforced against a non-party to the contract containing the clause, the Ontario Court of Appeal held in a recent decision arising ... [more] Full article
Conflicts of Law and Enforcement of Foreign Judgments Contributors
Adam Casey
Adam’s litigation practice includes a range of matters involving civil and commercial litigation, shareholder disputes, administrative law, competition law, and insurance defence. Adam joined AGM having completed his articles at a leading international law firm and graduated from the McGill University Faculty of Law.
- Supreme Court of Canada clarifies when fraud by senior management will be attributed to a corporation
- Supreme Court of Canada affirms jurisdiction of securities commissions over out-of-province parties
- Court of Appeal Comments on Knowledge Requirement for Torts of Knowing Assistance and Knowing Receipt
Kenneth A. Dekker
Kenneth Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. Over more than two decades, Ken has litigated noteworthy cases in a range of fields that include class action defence, securities and broker-dealer litigation and regulatory defence, corporate and shareholder disputes (including oppression and winding up cases), defamation, civil fraud litigation, disputes over contracts, injunctions, professional liability litigation, employment litigation and cross-border litigation issues. Ken has appeared before all levels of courts in Ontario, including the Ontario Court of Justice, the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada. Ken also represents and advises clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA) and the Ontario Securities Commission (OSC). Ken has been ranked as Repeatedly Recommended for Securities Litigation by Lexpert, for Corporate and Commercial Litigation by Best Lawyers of Canada, and he has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.
David N. Vaillancourt
David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.
