Rough Justice

ProSwing Inc., the U.S. company that owns the ubiquitous "Trident" trademark for golf clubs, thought it had scored a hole-in-one when Elta Golf Inc., an Ontario company, consented in an Ohio court to an injunction restraining it from offering its "Rident" clubs to U.S. and Canadian consumers from its Canada-based Web site.

But when ProSwing tried to enforce the injunction in Canada, the hole-in-one turned out to be more of a bogey.

So when it emerged that the Supreme Court had ruled in ProSwing that the time had come for Canadian courts to enforce non-monetary foreign judgments, the initial reaction from business lawyers was positive.

"Businesses don't want to relitigate cases in different jurisdictions, and ProSwing is a definite step in that direction," says Barry Leon, a partner with Torys. "Canadian courts will still examine incoming judgments, but there's now a much broader range of foreign orders that they will be open to enforcing."

"Enforcement of non-monetary foreign judgments will still be difficult in practice," Ruby says. "ProSwing is grudging about when Canadian courts will actually enforce a specific order."


Julius Melnitzer

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