Case information

Courts — Jurisdiction — When deciding whether court has jurisdiction simpliciter over a claim in the insolvency law context, which test should be applied where the single proceeding model and Van Breda principles produce different results — Do the Van Breda principles prevail over other analytical frameworks or should a different test be established to decide jurisdiction — Are jurisdiction simpliciter and forum non conveniens determined on an issue-by issue basis or should the particular forum decided for one issue hear the entire case?

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Senvion GMBH, a Germany-based company, entered into contracts to manufacture, install and maintain turbines at Mesgi’g Ugju wind farm in Quebec, which is owned by Mesgi’g Ugju’s’n (MU) Wind Farm L.P., a partnership between Innergex Renewable Energy Inc. and Mi’gmaq communities in Quebec. Senvion GMBH entered into debtor-in-possession proceedings in Germany. The Superior Court of Justice of Ontario granted recognition orders in Ontario in part staying proceedings against Senvion GMBH or in respect of its business or property. Mesgi’g Ugju’s’n (MU) Wind Farm L.P. drew on a letter of credit provided by Senvion GMBH pursuant to the turbine contracts. Senvion brought a motion for an order that the draw breached the Superior Court of Justice’s stay of proceedings and the amount drawn should be returned. It also filed an action claiming unpaid balances are due on invoices. The applicants brought a motion to stay the motion and the action or declining jurisdiction. The Ontario Superior Court of Justice dismissed the applicants’ motion. The Court of Appeal denied leave to appeal.