Entries by G Z

Enforcement of Foreign Judgments: Corruption Defence

Can a judgment rendered in a corrupt foreign tribunal be enforced in Ontario? Where a litigant can raise enough evidence that the foreign tribunal was corrupt, and that the corruption influenced the outcome of the proceeding, the judgment will typically not be enforced. However, in order to make use of applicable defences at the recognition and enforcement stage, the litigant must raise evidence of actual corruption by the particular foreign tribunal during the foreign proceeding.

Pain and Suffering Damages and Car Accident Law in Ontario

On April 1, 2008, Ontario’s highest court, the Court of Appeal, examined the threshold test for a car accident victim to make a claim for pain and suffering in the car accident case of Brak v. Walsh (http://www.ontariocourts.on.ca/decisions/2008/april/2008ONCA0221.pdf). The case considers the “threshold” test that the plaintiff car accident victim had to meet to be entitled to make a claim for pain and suffering, and certain other claims, in the lawsuit.

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Are Browse Wrap (Terms of Use) Agreements Binding?

It is increasingly common for websites to include “Terms of Use” agreements. These agreements set out the terms and conditions to which the user must agree in exchange for using the site. A question that sometimes arises in the law is: how does one demonstrate that a user assented to the Terms of Use agreement?

About the Enforcement of Treble Damages in Canada

Treble damages are a form of damages by which the amount of actual damages is calculated and then multiplied by three. This head of damages is created by statute and is intended to be punitive in nature. Treble-damages laws are common in many United States jurisdictions.

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