Court of Appeal accepts Ontario jurisdiction despite forum selection clause for Germany *

Canada - June 14 2013
During the spring of 2012, the Canadian Appeals Monitor posted a five-part series on the Supreme Court's judgments in Van Breda, Black, and Éditions…

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Clock starts with the act of fraud: U.S. Supreme Court confirms five-year limitation period for government enforcement proceedings *

Canada, USA - March 18 2013
The US Supreme Court recently handed the US Securities and Exchange Commission (the "SEC") a very clear message: the act of fraud - not its discovery…

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The penalty doctrine: focus on substance not form says the High Court of Australia *

Australia, Canada - October 3 2012
When is a contractual term a penalty?

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Supreme Court of Canada to rule on “preferable procedure” inquiry in class actions *

Canada - August 15 2012
The Supreme Court of Canada (SCC) recently granted leave to appeal the Ontario Court of Appeal’s decision in AIC Limited et al. v. Dennis Fischer et al.

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The SCC clarifies the “real and substantial connection” test *

Canada - April 23 2012
The Supreme Court of Canada has released its long-awaited decision in Club Resorts Ltd. v. Van Breda, in which it clarifies the "real and substantial connection" test for assuming jurisdiction.

Co-authors: William D. Black, Hovsep Afarian , Christopher Hubbard.

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