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Cologix Canada Inc. v. Path Network Inc and Path's other legal issues - Canadian data center company is suing Path Network, famous for being ran by a pedophile, not paying their bills, scamming their investors, and deplatforming the Kiwi Farms
This looks like games on both sides. Gervais' former lawyer says he's "counsel for Gervais in Ontario", which does seem like an insufficient notice that he couldn't represent Gervais in Arizona. The timeline of when he stopped representing Gervais seemed sketchy enough when outlined by Gervais in his own motion.
But here, Path is splitting hairs to say ackshually they don't need to service Gervais. They posture as if filing the exhibits was no big deal, they just followed Rule 5.4(g) as a procedural matter. Then they spend a huge amount of time trying to get the Arizona court to ignore all outside interests and court rulings to keep the exhibits public. I don't know why they actually care; if they can reference the contents within the case itself, what is their interest in keeping all their dirty laundry public?
It is certainly a novel argument that US courts need to follow decisions made by Canadian courts, who follow Canadian law.
This would effectively mean a US court making decisions based on Canadian law.
It is scary to think this might have actually worked.
It is certainly a novel argument that US courts need to follow decisions made by Canadian courts, who follow Canadian law.
This would effectively mean a US court making decisions based on Canadian law.
It is scary to think this might have actually worked.
Scary indeed, especially when one considers the ongoing lawsuit filed by 4Chan & LolCow, LLC against the UK's OFCOM is about international overreach in applying laws from one country in another.
Path wants them open. The canadian guy who worked for them and then sold their data to competitors is the guy who wants it sealed. But the documents are already here.
The Canadian RETURNS to demand that US courts become subservient to the Canadian State
LET'S walk through the arguments!
First: "Hey, you didn't tell me the cases you was gonna use, Judge!"
Second, "actually, the Plaintiff never contested that Arizona is a bitch ass place, so you can't contest it either, Judge! Also, many states in US bow down to the Superior Canadian Will"
Needless to say, you may look at his cited examples for the second argument, and see why it doesn't really fit. Yeah, bro, no shit a foreign monetary judgement can be enforced in USA (subject to a number of limitations that he forgot to mention). That does not mean that US court is bound to seal case files based on foreign court order not even targeted at the court/case in question.
Path attacks with generic statements of law which cannot overcome the Candanian's fact-specific citations
Path is wrong about relevant caselaw and local rules
The orders of other courts must be respected, especially where such orders are designed to prevent litigational abuse. This also makes litigation cheaper.
US is obligated to obey Canadian jurisdiction, and orders issued from therein, subject to only so much oversight as to call the Canadian court and check if the order is legit
US appellate court has once allowed Indian courts to defraud US ones, and so that practice should be extended
Conclusion
My thoughts on many of these points were made clear already, but I want to return to points 3 and 4. I do not believe US ought to have any interest in parties forum shopping in foreign courts for favorable orders to enforce in USA. Notably, nowhere does the Canadian suggest that the order has to be weighed against US law. This is in contrast to how, for example, the SPEECH Act works, where it requires foreign defamation judgements to be weighed against US constitution specifically to avoid cases like this.
