Good evening.
Following are this week's summaries of the Court of Appeal
for Ontario for the week of October 18, 2021.
In Kyko Global Inc v. M/S Crawford Bayley &
Co., the Court upheld the dismissal of a motion to stay an
action on the basis of a lack of jurisdiction or forum non
conveniens. The claim at issue was by an Ontario corporation
against its lawyers in India who had provided an opinion on the
enforceability of a guarantee in India. Relevant to the Court's
decision were the fact that reliance on the opinion occurred in
Ontario and the opinion related to a contract made in Ontario.
Other topics covered this week included the calculation of
damages in a wrongful dismissal matter relating to stock awards
plan, family law (stay pending appeal of a custody and access order
and summary judgment before an answer and financial disclosure were
made), interveners in a private law appeal, the interpretation of a
waiver of subrogation clause in an insurance policy,