If you are an Ontario business and you want to sue a party not located in Ontario, you have a decision to make:
- Sue where the party is located; or,
- Sue in Ontario, then try to enforce the Judgment where the party is located.
This applies to parties in other provinces as well as other countries.
Our advice is generally based on getting Judgment as soon as possible in the most cost-effective way possible. This means, for example, if the opposing party is in Saskatchewan, we recommend suing in Ontario and then registering the writ in Saskatchewan.
However, if you’re suing a party in Texas, we recommend retaining US lawyers and suing there to avoid incurring legal fees twice.
If the above words cause your business to feel frustrated with Court delays and legal fees, consider adding Arbitration clauses to your Agreements. These clauses let you control the method of hearing (virtual is best) and which laws apply. Please do not ChatGPT these clauses; they are complex, and no AI is going to understand how they impact your business.
Need help with this? We’re just an email away.
Inga B. Andriessen, Senior Lawyer