[April 17, 2012]

Tomorrow's Supreme Court of Canada Decision Could Have Serious Implications for Any Business with Ties to Canada

Businesses with a Canadian connection will be watching closely as the Supreme Court of Canada rules in Club Resorts Ltd. v. Morgan Van Breda tomorrow morning, April 18 at 9:45 a.m. This precedent-setting decision will determine under what circumstances a Canadian court can take jurisdiction over an out-of-country defendant.

"The Supreme Court's decision tomorrow is relevant to any business in any industry that has ties to Canada," said Ira Nishisato, national leader of the Commercial Litigation Group at Borden Ladner Gervais LLP (BLG). "The Court will determine the requirements for Canadian courts to take jurisdiction over foreign defendants, and the circumstances in which foreign companies can be exposed to anadian lawsuits and pulled into court proceedings here in Canada."

The Club Resorts Ltd. v. Morgan Van Breda case stems from an injury sustained by Van Breda while staying at a resort operated by Club Resorts Ltd. in Cuba. Van Breda commenced an action against Club Resorts Ltd., along with several other defendants, for damages related to her injury. The motion judge held that Ontario should assume jurisdiction, and this decision was supported by the Ontario Court of Appeal.

Ira is available for comment on the decision and what it means for both Canadian businesses and foreign companies with ties to Canada.

About Borden Ladner Gervais LLP

With more than 750 lawyers, intellectual property agents, and other professionals working in six major Canadian cities, Borden Ladner Gervais LLP is the largest Canadian full-service law firm focusing on business law, litigation and intellectual property solutions. BLG provides bilingual services in virtually every area of law, and represents a wide range of regional, national and multinational organizations. For further information, visit blg.com.

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