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Top Five 2004: Bouzari v Islamic Republic of Iran

Each year at OJEN’s Toronto Summer Law Institute, a judge from the Court of Appeal for Ontario identifies five cases that are of significance in the educational setting. This summary, based on these comments and observations, is appropriate for discussion and debate in the classroom setting.

Bouzari v Islamic Republic of Iran (2004), 71 OR (3d) 675 (CA)

A man sought to sue the Islamic Republic of Iran in Ontario for the damages he suffered in Iran at the hands of the Iranian regime.  The Court of Appeal dismissed the appellant’s claim against Iran because Canada’s State Immunity Act afforded Iran, a foreign state, immunity from this claim.  The Court chose not to decide whether or not Ontario would have the jurisdiction to hear such a case.  The Supreme Court of Canada refused to hear an appeal of this decision. The full decision is available here.

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