June 8, 2018
This is my ninth instalment about this case. It probably won’t be my last.
In the latest chapter of Yaiguaje v. Chevron Corporation, 2018 ONCA 472, the Court of Appeal for Ontario rejected arguments by the Ecuadorian villagers who are seeking to enforce a US$9.5 billion judgment against Chevron Corporation in Ontario. The villagers argued that the Execution Act (“Act”) permitted execution on Chevron Canada’s shares and assets to satisfy the Ecuadorian judgment. Secondly, they argued that the court should pierce the corporate veil between Chevron Canada and Chevron Corporation in order to render Chevron Canada’s shares and assets “exigible” i.e. – subject to seizure and sale to satisfy the judgment.
March 21, 2018
Living in Splendid Isolation: Ten Lessons Learned
Enforcing an Ontario Judgment in Mexico
Fogler, Rubinoff LLP, Toronto
This article presents a cautionary tale for any person who wishes to take legal proceedings against an individual or company resident in Mexico.
September 28, 2017
In the recent case of Independence Plaza One Associates, LLC v. Figliolini 2017 ONCA44, the Ontario Court of Appeal confirmed that:
a two-year limitation period applies to a proceeding on a foreign judgment; and
the limitation period begins to run, at the earliest, when the time to appeal the foreign judgment has expired or, if an appeal is taken, the date of the appeal decision.
The court held that the time may be longer if the claim was not “discovered” within the meaning of section 5 of the Limitations Act, 2002 (“Limitations Act”) until a date later than the appeal decision.
November 20, 2015
The Court of Appeal for Ontario released its decision in James Bay Resources Limited v. Mak Mera Nigeria Limited, 2015 ONCA 781 this week. This is an appeal by Nigerian appellants who had lost a motion to stay an action brought by James Bay Resources Limited (“James Bay Resources”) on the ground that the Ontario courts lacked “jurisdiction simpliciter” and Ontario was not the convenient forum for the determination of the dispute between the parties.
James Bay Resources entered into a Memorandum of Understanding (“MOU”) with the appellant, Adewale Olorunsola (“Sola”) on March 3, 2011. The MOU was negotiated and signed in Ontario. It set out an arrangement between the parties with respect to the acquisition of Nigerian oil and gas assets.
September 20, 2012
Last Wednesday, I attended ALM’s Cross-Border Litigation Forum. After the opening remarks, whose theme was that the complexity of cross-border litigation has (unsurprisingly) increased with globalization, we had a keynote address from Franco Ferrari, the Executive Director for the Center for Transnational Litigation and Commercial Law at New York University School of Law. His keynote focuses on Enforcing US Money Judgments Abroad: Debunking a Myth.