Can a Canadian regulatory body be sued in a foreign court for breach of sovereign immunity?
Nova Scotia, Canada
The following excerpt is from Homburg v Stichting Autoriteit Financiële Markten, 2016 NSCA 38 (CanLII):
Jurisdictional limitations are of seminal importance in a case like this one which directly invokes the principle of sovereign immunity. It is a key element of international order that has been recognized for centuries to protect the autonomy and equality of international bodies. See for example Schreiber v. Canada (Attorney General), 2002 SCC 62. These principles apply reciprocally to protect Canadian regulatory bodies from actions against them in foreign courts.
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