What is the impact of Access Rigging on access to the courts?
Ontario, Canada
The following excerpt is from Independence Plaza 1 Associates, L.L.C. v. Figliolini, 2017 ONCA 44 (CanLII):
In S.A. Horeca Financial Services v. Light, 2014 ONSC 4551,[2] Murray J. disagreed with Access Rigging and preferred the reasoning in PT ATPK. He also referred to Beals, noting the importance of comity. In contrast to the view taken in Access Rigging, he suggested that the legislature’s failure to exclude foreign judgments from s. 16(1)(b) was significant.
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