Tag Archives: Canada

Case of the Day: Symons International Group v. Continental Casualty

The case of the day is Symons International Group, Inc. v. Continental Casualty Co. (S.D. Ind. 2015). Continental Casualty, the third party plaintiff, won a $34.2 million judgment against the third party defendant, Robert Symons, the successor in interest (maybe the heir, or executor—the decision doesn’t make it clear) of G. Gordon Symons. Symons resided in Canada, and it appears that G. Gordon Symons lived in Canada at the time of his death. Symons appealed, but he did not seek a stay or provide a supersedas bond, which means, in federal practice, that Continental was free to try to execute on the judgment pending the appeal. Continental sought discovery in aid of execution from Symons, but Symons did not respond. Meanwhile, Continental brought an action in Ontario, seeking recognition and enforcement of the US judgment, and it sought an order in Canada requiring the probate of G. Gordon Symons’s will. A Canadian court agreed, though Symons objected on the grounds that probate was premature. Symons moved for a protective order in Indiana on the grounds that “it is improper for [Continental] to simultaneously attempt to enforce its judgment in both the United States and Canada.”
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Case of the Day: Halo Creative & Design v. Comptoir Des Indes

The case of the day is Halo Creative & Design Ltd. v. Comptoir Des Indes Inc. (N.D. Ill. 2015). Halo, a Hong Kong firm that designed high-end furniture, sued Comptoir Des Indes, a Québec competitor, for infringement of a US design patent as well as for copyright infringement and trademark infringement and on various other claims. Comptoir moved to dismiss on forum non conveniens grounds in favor of litigation in Canada.
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In re Application of Kegel

The case is In re Application of Kegel (D.N.D. 2014). Adam Kegel was the plaintiff in a class action pending in Montreal, Kegel v. National Bank of Canada. He made an application to the district court in North Dakota under § 1782 for a subpoena to Joseph Kostelecky. The court granted the application, and Kegel apparently obtained the evidence he sought from Kostelecky. Kegel then sought an order declaring that nothing in the court’s prior order or US law would prohibit him from using the evidence in another Canadian case, Goldsmith v. National Bank of Canada, which was an Ontario case that paralleled the Québec case.
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