Mr Peter J Cavanagh

Peter J Cavanagh

Updates

Litigation

Ontario court considers new defence to enforcement of foreign judgments
Canada | 16 March 2010

In a recent Ontario Superior Court of Justice decision the court held, in dismissing a motion for summary judgment, that a "new defence" may be available to an action to enforce a foreign judgment in Canada, even where the court properly took jurisdiction and there was no fraud, denial of natural justice or offence to public morality. This new defence was described as the "loss of a meaningful opportunity to be heard".

Court May Rectify Mistakes in Unilateral Pension Plan Instrument
Canada | 09 June 2009

The Ontario Superior Court of Justice recently issued the first Canadian decision to apply the doctrine of rectification to correct an error in the language of a pension plan document. Although the court applied the standard of convincing proof in considering whether to grant rectification, it held that only the intention of the maker of the document was at issue.