Cross-border commercial disputes are increasingly common, particularly in industries involving international supply chains. When a party obtains a judgment outside of Canada, a key question often arises: will Ontario courts recognize and enforce that foreign judgment? The decision in Roger Vanden Berghe NV v. Korhani of Canada Inc. provides important guidance on this issue. The […]
Category Archives: Enforcement Of Foreign Judgments
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 […]
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 […]
SCC Clarifies Requirements for Enforcing Foreign Judgments in Ontario
Enforcing a judgment obtained in Ontario can be a challenge when the party ordered to pay damages is reluctant to abide by the order, or if the party is unable to pay the amount awarded in court. However, Ontario courts and successful parties are equipped with various methods of enforcing these awards, such as garnishment […]
Piercing the Corporate Veil: A Case Study
Introduction: We have previously written about the circumstances under which our courts will pierce the corporate veil. The issue is always a tempting one. Stepping over the line, however, is not terribly easy. The temptation of collecting multiple millions for deserving plaintiffs is strong, as seen below, but carries with it considerable risk. In this […]