Once a party obtains a final order or judgment from a Court, they may sometimes face the prospect of a motion from the opposing party to stay enforcement of that order or judgment. Such stays are generally difficult to obtain, however. Two recent Superior Court of Justice decisions are useful reminders of the legal tests […]
Category Archives: Asset Recovery & Enforcement
Court Maintains Mareva Injunction in Context of NFT Litigation
We have previously written about the requirements that must be met by a party seeking a particular type of injunction known as a “Mareva injunction.” This is a court order that prohibits dissipation of a defendant’s assets. The issue recently arose in a proposed class action involving allegations of fraud and fraudulent misrepresentations in the […]
The Defence of Non Est Factum
When debtors are sued for amounts owing under a contract, it is not unusual for them to plead the defence of non est factum. This often serves as a defence of last resort. However, it is a difficult defence to argue successfully as it only applies in a relatively narrow set of circumstances. In this […]
Court Rejects Defence of Lack of Natural Justice in Case of Foreign Judgment Enforcement
When seeking to enforce a foreign judgment in Ontario, the applicant generally needs to prove that (1) a court of competent jurisdiction issued the foreign judgment, (2) the judgment is final, and (3) the judgment is for a definite sum of money. Once these requirements are met, the burden shifts to the respondent to prove […]
Court Considers Penalties Against Judgment Debtor for Contempt of Court
Enforcement against judgment debtors often requires recourse to Rule 60 of the Rules of Civil Procedure. The Rule sets out various enforcement mechanisms, including writs of seizure, sale, and garnishment. Rule 60.18 also sets out how a judgment creditor may examine a debtor about their income and property, also known as an examination in aid […]
The Limitation Period for Unpaid Debt May be Refreshed
Limitation periods are the time in which a party must start their claim against another party. If a party fails, they lose the right to commence the claim and all or benefit from its accompanying remedies. In Ontario, the Limitations Act outlines the basic two-year limitation period which applies to most claims. The limitation period […]
Which Limitation Period Applies When Enforcing a Foreign Judgment?
In commercial litigation matters, parties may obtain and seek to enforce judgments made outside of Ontario in commercial litigation matters. In cross-border disputes, a party seeking to enforce a foreign judgment must proceed through a particular legal process within the appropriate time frame for a provincial court to recognize and enforce the foreign judgment. A […]
Guarding Your Digital Fortress Against Data Scraping
On August 24, 2023, the Office of the Privacy Commissioner of Canada, in conjunction with 11 other global privacy authorities (“Regulators”), issued a joint statement (the “Joint Statement”) regarding privacy protection and data scraping. This blog post will provide an overview of data breaches and data scraping and explain the potential consequences of such privacy […]
Consequences of Non-Compliance with a Mareva Injunction
Injunctive relief, such as a Mareva order, is powerful in civil litigation cases. This type of legal remedy may be requested and granted in certain situations where it is appropriate to freeze a defendant’s assets before trial to ensure they cannot be depleted. To spend any money, the party must seek authorization from the court. […]
Pandemic Equipment Business Tries to Back Out of Promissory Note
Getting into a business arrangement with a new partner can be an exciting time, with the prospect of new opportunities and successes on the horizon. Therefore, it is essential to ensure that a new business is structured correctly to maximize success. However, from time to time, business deals may not go as planned, and disputes […]