The Birch Mountain Shareholders for Justice began working on their case and on September 22, 2010 a lawsuit against Brookfield Asset Management was filed with the Superior Court of Justice in Ontario, Canada.
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The defendant, Brookfield, filed a motion that the plaintiff lacked jurisdiction in Ontario with the Superior Court of Justice and Brookfield's motion was upheld by the courts, which also awarded Brookfield costs.
The system is still composed by two special central Courts that do not fit any of the mentioned ramifications of the Judiciary: The Supreme Federal Court and the Superior Court of Justice.
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The Superior Court of Justice (Superior Tribunal de Justiça) is the Brazilian highest court in non-constitutional issues concerning both states and Federal ordinary courts.
In Brazil, the drawer may seek damages in Justice if their cheque is cashed in before its due date, according to the jurisprudential orientation of the Superior Court of Justice, as per Summary No. 370 of such court.
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Alison Harvison Young, judge of the Superior Court of Justice of Ontario