The SCC Monitor (09/10/2015)

A Commentary on Recent Legal Developments by the Canadian Appeals Monitor

Since our last post, the Supreme Court has released a number of judgments and granted leave to appeal in a number of cases of interest.

In September, the Court released two of the Canadian Appeal Monitor's "Top Ten" Appeals to Watch in 2015; the much anticipated Chevron Corporation et al. v. Yaiguaje et al. and Ontario (Energy Board) v. Ontario Power Generation Inc. et al..

The Court's decision in Chevron Corp., described in more detail in our September 9, 2015 blog post, speaks to the circumstances in which plaintiffs may enforce foreign judgments against Canadian affiliates of foreign judgment debtors. The Court's decision has increased litigation risk for companies with assets in Canada as enforcement can now be pursued against foreign companies and their Canadian affiliates even if neither party to the original dispute has a "real and substantial connection" to Canada.