Recognition of Foreign Judgments – Judgment is Enforceable Regardless of Pending Appeal

Gilbertson Davis LLPAppeals, Civil Liability, Civil Litigation, Commercial and Contract Litigation, Commercial Litigation, Enforcement of Foreign Judgments0 Comments

In the recent decision of the Ontario Superior Court of Justice (“ONSC”), Acteon v. Verona Medical Group, 2023 ONSC 5140, the plaintiff was successful in obtaining the recognition of a judgment issued by a court in France, the Commercial Court of Bordeaux (the “Summary Proceeding Judgment”), albeit the ONSC stayed the plaintiff’s ability to enforce the Summary Proceeding Judgment in Ontario pending the defendants’ appeal of a related judgment (the “Merits Proceeding Judgment”) in France.

The main contentious issue in this recognition proceeding was the defendants’ position that the plaintiff’s Summary Proceeding Judgment was not “final” because of the defendants’ appeal of the Merits Proceeding Judgment in France. The plaintiff’s legal expert advised the ONSC that though the Summary Proceeding Judgment was a “provisional award”, it was still “final, valid, binding and fully enforceable”. The defendants’ legal expert disagreed, positing that the Summary Proceeding Judgment was only an interim decision that can be reversed by a decision on the merits.

Both parties agreed that the Summary Proceeding Judgment was executable in France and that there was no outstanding appeal on the Summary Proceeding Judgment.

The ONSC ultimately opined that the case law suggests that a “decision is final regardless of an appeal”, and therefore it was “proper to enforce” the Summary Proceeding Judgment as against the defendants.

The defendants also argued that there was an outstanding jurisdiction issue, but the ONSC advised that the jurisdiction issue was a procedural issue for the court in France to deal with.

At Gilbertson Davis LLP, our lawyers can assist you, your business, company, partnership or corporation in applying to the court for the recognition and enforcement in Ontario of your judgment obtained in another jurisdiction. Gilbertson Davis LLP lawyers have experience in proceedings involving Recognition and Enforcement of Foreign Judgments, Recognition and Enforcement of International Arbitration Awards, Commercial Litigation, Civil LitigationBusiness Torts, and Business  Litigation matters and can assist you in resolving your legal issues in a timely and cost-effective manner. Our mission is to provide creative, sensible, cost-effective, long-term resolutions to clients. Please contact Gilbertson Davis LLP to schedule a consultation.

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