Skye Properties Ltd. v. Wu

Skye Properties Ltd. v. Wu

The Nova Scotia court lacks jurisdiction under the Enforcement of Canadian Judgments and Decrees Act to assess amounts owed or to award pre‑judgment/post‑judgment interest where the originating Ontario judgment did not determine those amounts; such substantive determinations must be made by the court that rendered the original judgment, so the applicants' motion to modify the judgment or alternatively to assess damages is dismissed.

Citation
2014 NSSC 382
Parties
Respondent and Plaintiff: Skye Properties Limited; Respondent and Plaintiff: Roycom Entrepreneurs Limited; Applicant, Defendant and Plaintiff by Counterclaim: Franklin Chow; Applicant, Defendant and Plaintiff by Counterclaim: Craig McMullan; Defendant and Plaintiff by Counterclaim: Jeff Wu; Defendant to Counterclaim: Jasper Avenue Limited Partnership
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 October 2014
Procedural Posture
Enforcement of Canadian Judgment / Motion to Modify Registered Judgment Under Enforcement of Canadian Judgments and Decrees Act
Outcome
Motion dismissed. Applicants' request to modify the Ontario judgment to include amounts owed or alternatively to assess damages and add pre- and post-judgment interest is denied.
Legal Topics
Registration of Canadian Judgment, Modification of Judgment, Assessment of Damages, Pre and Post Judgment Interest, Jurisdiction to Enforce
Source Language
English
Enforcement of Judgments Civil Procedure Conflict of Laws Registration of Canadian Judgment Modification of Judgment Assessment of Damages Pre and Post Judgment Interest Jurisdiction to Enforce

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Parties

Skye Properties Limited

Respondent and Plaintiff

Roycom Entrepreneurs Limited

Respondent and Plaintiff

Franklin Chow

Applicant, Defendant and Plaintiff by Counterclaim

Craig McMullan

Applicant, Defendant and Plaintiff by Counterclaim

Jeff Wu

Defendant and Plaintiff by Counterclaim

Jasper Avenue Limited Partnership

Defendant to Counterclaim

Procedural Posture

Enforcement of Canadian Judgment / Motion to Modify Registered Judgment Under Enforcement of Canadian Judgments and Decrees Act

Legal Issues

  1. 1 Whether a Nova Scotia court may modify an Ontario judgment to determine and fix amounts payable by specific payors under the Enforcement of Canadian Judgments and Decrees Act
  2. 2 Whether the Nova Scotia court may assess damages and award pre-judgment and post-judgment interest under s.8 of the Act
  3. 3 Whether a Canadian judgment that requires payment must be final to be registered under s.4(2) of the Act

Ratio Decidendi

The Nova Scotia court lacks jurisdiction under the Enforcement of Canadian Judgments and Decrees Act to assess amounts owed or to award pre‑judgment/post‑judgment interest where the originating Ontario judgment did not determine those amounts; such substantive determinations must be made by the court that rendered the original judgment, so the applicants' motion to modify the judgment or alternatively to assess damages is dismissed.

Court Disposition

Motion dismissed. Applicants' request to modify the Ontario judgment to include amounts owed or alternatively to assess damages and add pre- and post-judgment interest is denied.

Orders

  • Motion dismissed.
  • Parties shall attempt to agree on costs; failing agreement, written submissions on costs to be filed within 30 days from date of release of the decision.