Bombardier Inc. v. AS Estonian Air et al., [2014] O.A.C. Uned. 20

JurisdictionOntario
JudgeWeiler, Rouleau and Strathy, JJ.A.
CourtCourt of Appeal (Ontario)
Subject MatterINTERNATIONAL LAW,CONFLICT OF LAWS,SHIPPING AND NAVIGATION
Citation[2014] O.A.C. Uned. 20,2014 ONCA 41,[2014] O.A.C. Uned. 20 (CA)
Date17 January 2014
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4 practice notes
  • Araya v. Nevsun Resources Ltd, 2017 BCCA 401
    • Canada
    • Court of Appeal (British Columbia)
    • 21 Noviembre 2017
    ...raising the immunity defence sometime during the trial, as the case develops. [At para. 18.](See also Bombardier Inc. v. AS Estonian Air 2014 ONCA 41 at paras. 5–7.)[127] Counsel for Nevsun emphasizes that in both Belhaj and Habib, the applicability of act of state was decided on the pleadi......
  • Privity of Contract
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Enforceability
    • 4 Agosto 2020
    ...a suggestion that the holding in Brown rests on the plaintiffs’ successor status, see Bombardier Inc v Estonia Air , 2013 ONSC 3039, aff’d 2014 ONCA 41 107 Kitimat (District) v Alcan Inc , 2006 BCCA 75 (municipality seeks to enforce agreement between province and local industry). 108 Design......
  • Top 5 Civil Appeals From The Court Of Appeal (February 2014)
    • Canada
    • Mondaq Canada
    • 11 Marzo 2014
    ...v. Ohwistha Capital Corporation, 2014 ONCA 80 (Feldman, MacFarland and Strathy JJ.A.), January 29, 2014 Bombardier Inc. v. AS Estonian Air,2014 ONCA 41 (Weiler, Rouleau and Strathy JJ.A.), January 17, 2014 Ontario (Labour) v. Flex-N-Gate Canada Company, 2014 ONCA 53 (Laskin, Tulloch and Str......
  • Seelster Farms et al. v. Her Majesty the Queen and OLG, 2020 ONSC 4013
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 29 Junio 2020
    ...[194] The defendants also refer to the decision of this court in Bombardier Inc. v. AS Estonian Air, 2013 ONSC 3039, affirmed on appeal at 2014 ONCA 41. In its factum, OLG states that, as a general rule, the exception to privity of contract “can only be used as a shield, absent ‘extenuating......
2 cases
  • Araya v. Nevsun Resources Ltd, 2017 BCCA 401
    • Canada
    • Court of Appeal (British Columbia)
    • 21 Noviembre 2017
    ...raising the immunity defence sometime during the trial, as the case develops. [At para. 18.](See also Bombardier Inc. v. AS Estonian Air 2014 ONCA 41 at paras. 5–7.)[127] Counsel for Nevsun emphasizes that in both Belhaj and Habib, the applicability of act of state was decided on the pleadi......
  • Seelster Farms et al. v. Her Majesty the Queen and OLG, 2020 ONSC 4013
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 29 Junio 2020
    ...[194] The defendants also refer to the decision of this court in Bombardier Inc. v. AS Estonian Air, 2013 ONSC 3039, affirmed on appeal at 2014 ONCA 41. In its factum, OLG states that, as a general rule, the exception to privity of contract “can only be used as a shield, absent ‘extenuating......
1 firm's commentaries
  • Top 5 Civil Appeals From The Court Of Appeal (February 2014)
    • Canada
    • Mondaq Canada
    • 11 Marzo 2014
    ...v. Ohwistha Capital Corporation, 2014 ONCA 80 (Feldman, MacFarland and Strathy JJ.A.), January 29, 2014 Bombardier Inc. v. AS Estonian Air,2014 ONCA 41 (Weiler, Rouleau and Strathy JJ.A.), January 17, 2014 Ontario (Labour) v. Flex-N-Gate Canada Company, 2014 ONCA 53 (Laskin, Tulloch and Str......
1 books & journal articles
  • Privity of Contract
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Enforceability
    • 4 Agosto 2020
    ...a suggestion that the holding in Brown rests on the plaintiffs’ successor status, see Bombardier Inc v Estonia Air , 2013 ONSC 3039, aff’d 2014 ONCA 41 107 Kitimat (District) v Alcan Inc , 2006 BCCA 75 (municipality seeks to enforce agreement between province and local industry). 108 Design......

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