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SCC Decision: May 25, 2007
Fri, 2007-05-25 09:00 — Andrew Pilliar
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Research articles :
Impulsora Turistica de Occidente, S.A. de C.V. v. Transat Tours Canada Inc., 2007 SCC 20
Click here to link to the full judgment.
(Injunction / conflict of laws / forum non conveniens / extraterritorial effect)
A Quebec travel wholesaler sued Mexican defendants for breach of contract, and sought an injunction to require the foreign companies to honour the contract. The contract contained a forum selection clause in favour of Quebec courts, and the damages were allegedly sustained in Quebec. Despite the difficulties with enforcing injunctions with extraterritorial effects, the court held that the Quebec Superior court did have the power to issue injunctions with extraterritorial effects.
Majority/Dissenting: 9/0
