Litigation and Truth
In war, truth is the first casualty.
For those who need to drive home, to their new hires, that litigation is usually not about truth but victory. When and if you read this case, ask yourself why the defence wanted the ruling that Ontario courts did not have jurisdiction. The motion judge accepted the argument. The ONCA reversed.
Dundee Precious Metals Inc. v. Marsland, 2011 ONCA 594 is a conflicts case in which the motion judge’s underlying no jurisdiction conclusion caused the panel to write, laconically,
. . . [more][11] The motion judge’s assessment and application of real and substantial connection test


