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 … Read More
Sabrina Saltmarsh Presents as Part of Panel on Enforcement of Judgments at Cross-Borders Legal Conference
Sabrina Saltmarsh presented as a Panelist at this year’s Cross-Borders legal conference held by the Ontario Bar Association on Enforcement of Judgments. The Panel discussion included: how to obtain an order granting enforcement of letters rogatory in Ontario; how letters rogatory are treated by Canadian banks; the process of obtaining recognition and enforcement of foreign judgements in Ontario; and current legal issues surrounding obtaining these types of orders in Ontario. Sabrina provided insights to the audience of Canadian and American lawyers on the recent developments on the law concerning ricochet judgments and the role experts on foreign law may play in judicial proceedings pertaining to enforcement and recognition proceedings. Lawyers at Gilbertson Davis LLP, have experience in representing parties in cross-border litigation and disputes, including seeking to enforce Letters Rogatory and Enforcement and Recognition of Foreign Judgements in Ontario. Please contact Gilbertson Davis LLP to schedule a free initial consultation.
Ontario Court Affirms “Generous and Liberal Approach” to the Recognition/Enforcement of Foreign Judgments
In the recent decision, M1 Florida Developments Inc. v. Ameristar Development Corporation, 2021 ONSC 6883 (CanLII), the Ontario Superior Court of Justice (“OSCJ”) granted the plaintiffs default judgment in Ontario for the registration and enforcement of a judgment that the plaintiffs obtained in the United States of America (the “Foreign Judgment”). The OSCJ advised that Canadian courts “have adopted a generous and liberal approach to the recognition and enforcement of foreign judgments”. Further, the OSCJ opined that the purpose of an action for the recognition of a foreign judgment “is to assist in enforcing an already-adjudicated dispute” and is not “to evaluate or re-litigate the underlying claim”. The OSCJ was satisfied that the foreign court “properly assumed jurisdiction over the dispute” and noted that a Canadian court “will generally recognize and enforce a foreign judgment where the foreign court assumed jurisdiction on the same basis as the domestic court would”. … Read More