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ARTICLE · 22 OCTOBER 2024

Jurisdiction Shopping Called Out

In The Toronto-Dominion Bank v. The Other End Inc., although the action was not a London action, the motion for summary judgment was brought there.

CanadaLitigation, Mediation & Arbitration

In The Toronto-Dominion Bank v. The Other End Inc., although the action was not a London action, the motion for summary judgment was brought there. Justice Leach, discusses this new trend, in jurisdiction shopping, given the Court delays, and had the following to state:

There frankly seems to be little reason for such proceedings to be pursued here apart from the reality that the parties are able to do so, pursuant to the Rules of Civil Procedure, and the newfound ability of parties to have their counsel just as easily argue matters "here" in London, rather than more suitable and appropriate judicial centres, after our court has transitioned to presumptively virtual hearings. In other words, the practical constraints that formerly encouraged litigants and their counsel to pursue litigation in the appropriate forums, associated with their respective disputes, have largely disappeared.

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