Following are this week’s summaries of the Court of Appeal for Ontario for the week of April 15, 2024.
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 15, 2024.
Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of December 18, 2023.
一、“集中管辖”概述
《中华人民共和国民事诉讼法》(下称“《民事诉讼法》”)中,对于“集中管辖”并无明确的规定,而在民事诉讼的司法实践中,存在许多被称为“集中管辖”的做法。实务中,“集中管辖”泛指将某类案件,依照《民事诉讼法》及其他法律法规的相关规定,以司法解释或者通知的形式,集中由某类法院或某个法院管辖的情形。
概括来说,“集中管辖”共分为如下三种情形:
(1)某类法院集中管辖某类案件,如依据《中华人民共和国企业破产法》(下称“《企业破产法》”)第二十一条的规定,破产案件中涉债务人的诉讼案件集中由受理破产申请的人民法院管辖,或者依据《全国法院审理债券纠纷案件座谈会纪要》(以下简称“《债券会议纪要》”)第十条的规定,以发行人或者增信机构为被告提起的要求依约偿付债券本息或者履行增信义务的合同纠纷案件,由发行人住所地人民法院管辖;
(2)某个法院集中管辖某一类型化案件,如各地金融法院集中管辖当地金融案件、各地知识产权法院集中管辖当地知识产权案件;
Following are this week’s summaries of the Court of Appeal for Ontario for the week of September 4, 2023.
In AssessNet Inc. v. Ferro Estate, the Court set aside an order dismissing the action, finding that the summary judgment motion judge had erred in determining the issue of discoverability of a claim against a trustee in bankruptcy.
Torgersrud v Lightstone is a family law decision where the Court dismissed an appeal from an order setting aside a marriage contract entered into in Quebec in 1988.
Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of August 28, 2023.
I hope everyone is enjoying the last long weekend of the summer.
Chippewas of Nawash Unceded First Nation v. Canada (Attorney General) is a 125-page decision dealing with the claim of the Saugeen Ojibway Nation to submerged lands in Lake Huron and Georgian Bay. The claim was mostly unsuccessful.
Following are this week’s summaries of the Court of Appeal for Ontario for the week of July 17, 2023.
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 22, 2023.
Following are our summaries of the civil decisions of the Ontario Court of Appeal for the week of April 24, 2023.
Following are this week’s summaries of the civil decisions of Court of Appeal for Ontario for the week of March 27 to 31, 2023. There were only two substantive decisions. One was a commercial leasing matter, and the other was a receivership matter.
Table of Contents
Civil Decisions
Jagtoo & Jagtoo, Professional Corporation v. Grandfield Homes Holdings Limited, 2023 ONCA 214