Toronto Lawyers for Large Debt Collection and Enforcement of Foreign and Local Judgments and Awards

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and ArbitratorAppeals, Casino Debt Recovery, Commercial Lending, Commercial List Matters, Creditors Rights, Cross-Border Litigation, Debt and Enforcing Judgments, Enforcement of Foreign Arbitral Awards, Enforcement of Foreign Judgments, Forum Challenges, Heavy Industries, Injunction & Specific Performance, International Litigation, International Trade Fraud, Jurisdictional Challenges, Letters of Request, Letters Rogatory, Loan and Guarantee, Mareva Injunction, Mortgage Enforcement, Norwich Order, Of Interest to US Counsel, Offshore, Promissory Note Claims, Request for International Judicial Assistance0 Comments

Domestic and, US and Other Foreign Debt, Judgments and Awards We are often consulted or retained in connection with recovery of large local debt or foreign debt, including casino debt, or to seek recognition  and enforcement in Ontario, Canada, of judgments, orders, or arbitration awards obtained in Ontario, other provinces of Canada, US and other foreign jurisdictions. We are sometimes retained to work with the assistance of lawyers practicing debt recovery in other jurisdictions, including, those located offshore. Claims on Loan Guarantee We can advise and represent those claiming payment on a guarantee, and those named as guarantor of a loan. Loan or Gift? | Loan or Investment? Disputes sometimes arise when either a payment advanced or transfer is alleged to be a loan rather than a gift, or alleged to a loan rather than an investment, or vice-versa. We have relevant experience in both domestic and cross-border litigation. Injunctions and Other … Read More

Hurdles To Recognition and Enforcement Of Foreign Judgments

Sabrina Saltmarsh, B.A. (Hons), J.D.Commercial, Cross-Border Litigation, Debt and Enforcing Judgments, Enforcement of Foreign Arbitral Awards, Enforcement of Foreign Judgments, Interjurisdictional Disputes, International Litigation, International Sale of Goods, International Sale of Goods Arbitrator, International Trade Fraud, International Traders, Jurisdictional Challenges, Letters Rogatory, Of Interest to US Counsel, Offshore, Request for International Judicial Assistance0 Comments

In the recent Ontario Court of Appeal decision of H.M.B. Holdings Limited v. Antigua and Barbuda, 2020 ONCA 12, the Court of Appeal rendered a split (2-1) decision regarding the recognition of a foreign judgment which muddies the waters on the analysis to be applied to s.3(b) of the Reciprocal Enforcement of Judgments Act, R.S.O. 1990, c. R.5 (REJA) Original Judgment: In this case H.M.B. Holdings Limited (HMB) was successful in obtaining judgment on February 26, 2014, against Antigua and Barbuda from the Judicial Committee of the Privy Council (the JCPC), which is the highest court of appeal for certain British territories and Commonwealth countries including Antigua and Barbuda. The case related to damages sought by HMB due to the expropriation of resort lands by the Antiguan government. The case has garnered some media attention because of the manner in which the lands were expropriated. HMB then brought a common law … Read More

Letters Rogatory | Letters of Request | Request for International Judicial Assistance | Commission Evidence 

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and ArbitratorCross-Border Litigation, Letters Rogatory0 Comments

Free Initial Consultation for US Attorneys  Canada is not a party to the Inter-American Convention on Letters Rogatory. Accordingly, we are frequently consulted by US attorneys on behalf of parties to US litigation, and retained to advise upon and obtain enforcement in the courts in Ontario Canada of US court issued Letters Rogatory,  Letters of Request or Request for International Judicial Assistance. These sometimes pertain only to the production of documents and other times require the examination in Ontario, Canada of a non-party to the US litigation, or both. We advise on the likely range of costs involved in intended enforcement proceedings. Early retention allows us to advise whether the intended Letters Rogatory,  Letters of Request or Request for International Judicial Assistance would likely be enforced by the court in Ontario, Canada. Discovery Deadlines in US Proceedings  We are mindful that US attorneys are often working with discovery deadlines within which to complete all examination (deposition) and document production. Once retained, we can proceed efficiently to … Read More