Legal Question in Business Law in Canada

Jurisdiction and Enforcement of Judgments

This case revolves around a sale of goods transaction between a Canadian corporation located in Ontario and a US corporation located in the state of NY.

The product was sold to the US firm, the place of payment was not mentioned in the contract. My question is in a case of dispute, which court has jurisdiction Canadian Court or U.S Court. I believe that this case would fall within the U.N. Sales Convention. The only reference to jurisdiction that I could find was Case # 162 of CISG but it contained a reference to EU Brussels Convention


Asked on 6/25/99, 8:42 am

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Jurisdiction and Enforcement of Judgments

Suit is probably proper in either country. Focus on the recognition and enforcement provision is certainly appropriate -- i.e., if you win in NY, can you enforce in Ontario (assuming that the CA corp does not have assets in NY)? May well be better to proceed in ON. I can provide good references in Toronto if you decide to go that route.

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Answered on 7/09/99, 2:10 pm


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