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Litigation Law – Notable Cases

Neal Roth has acted as counsel in many cases. A few of the more significant and landmark cases are:

Beals v. Saldanha, [2003] S.C.J. No. 77
This is a leading Supreme Court of Canada decision on the conflict of laws, where the Court established the requirements to enforce foreign judgments in Canada. The Court held that foreign judgments were enforceable in Canada where there was a “real and substantial connection” between the foreign jurisdiction and the subject matter giving rise to the claim. This was a landmark case for the enforcement of foreign judgments.

Heritage Masonry Ltd. v. Building Team Ltd. (1995), 28 C.L.R. (2d) 101 (Gen. Div.), affirmed May 27, 1996, Divisional Court
This is a landmark case which held that contractors may not deduct their overhead from the trust funds that are payable to their subcontractors or suppliers.

Van Arnhem v. Lornewood Tanning Salon Inc., [1993] O.J. No. 2858, 11 C.L.R. (2d) 54

This is a significant case which determined that a third party will be liable for breach of trust if that third party controls whether funds are advanced to an owner or contractor during the course of a construction project.

Webster v Decorceiling [1993] O.J. No. 1453
In this civil action, some of the Defendants were found in contempt of Court and were sentenced to 30 days in jail for failing to answer questions relating to the transfer of assets from one corporation to another. A unique remedy achieved by perseverance and utilization of the right tools.