Supreme Court reaffirms low threshold for jurisdiction in recognition and enforcement cases

September 18, 2015

 

Imagine you’re a plaintiff, after months, or even years, of gruelling litigation in a foreign country – be it the United States, the United Kingdom or the United Republic of Tanzania – a foreign court has finally granted judgment in your favour.  You’ve won.  Your rights have been vindicated.  At long last, you can rest…that is, until you discover that the Defendant has removed its assets from the jurisdiction.

 

What do you do?  You think that the Defendant may have assets in Ontario, but will the courts hear your case?  What good is your foreign judgment here?  As the Supreme Court of Canada recently reminded us in Chevron v. Yaiguaje, 2015 SCC 42, it’s pretty darn good – that’s what.

 

To download a PDF of this case comment click here.

 

Litigation – Conflict of Laws – Foreign Judgments – Jurisdiction – Enforcement Recognition – Service Ex Juris – Supreme Court of Canada – Chevron v. Yaiguaje 

 


 

Case Comment, Litigation