R.S. v. P.R.

R.S. v. P.R.

The applicant for a stay must prove on a balance of probabilities the three conditions of art. 3137 C.C.Q.; the degree of proof for susceptibility of recognition is low — a plausible possibility that the foreign decision may be recognized — and the husband met that threshold, but the Court of Appeal erred by substituting its view for the trial judge on exercise of discretion; the Superior Court’s refusal to stay its proceedings was reasonable and must be restored.

Citation
2019 SCC 49
Parties
Appellant (wife): R.S.; Respondent (husband): P.R.; Intervener: Attorney General of Quebec
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 October 2019
Procedural Posture
Appeal; Family Law (divorce); Private International Law (art. 3137 C.c.q.) / Supreme Court of Canada Judgment on Appeal From Quebec Court of Appeal
Outcome
Appeal allowed; decision of Quebec Court of Appeal set aside; Superior Court judgment dismissing husband’s application for a stay restored
Legal Topics
Lis Pendens, Stay of Proceedings, Recognition of Foreign Judgments, Public Order (international), Forum Non Conveniens, Burden and Degree of Proof, Marital Property, Revocation of Gifts
Source Language
English
Private International Law Family Law Conflict of Laws Constitutional Law Civil Procedure Lis Pendens Stay of Proceedings Recognition of Foreign Judgments +5 more

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Parties

R.S.

Appellant (wife)

P.R.

Respondent (husband)

Attorney General of Quebec

Intervener

Procedural Posture

Appeal; Family Law (divorce); Private International Law (art. 3137 C.c.q.) / Supreme Court of Canada Judgment on Appeal From Quebec Court of Appeal

Legal Issues

  1. 1 Whether the Court of Appeal misallocated the burden of proof for the susceptibility of recognition under art. 3137 C.C.Q.
  2. 2 What degree of proof is required to show that a foreign decision may be recognized in Quebec
  3. 3 Whether the trial judge’s discretionary refusal to grant a stay was reasonable and whether appellate interference was justified

Ratio Decidendi

The applicant for a stay must prove on a balance of probabilities the three conditions of art. 3137 C.C.Q.; the degree of proof for susceptibility of recognition is low — a plausible possibility that the foreign decision may be recognized — and the husband met that threshold, but the Court of Appeal erred by substituting its view for the trial judge on exercise of discretion; the Superior Court’s refusal to stay its proceedings was reasonable and must be restored.

Court Disposition

Appeal allowed; decision of Quebec Court of Appeal set aside; Superior Court judgment dismissing husband’s application for a stay restored

Orders

  • Appeal allowed
  • Decision of the Quebec Court of Appeal (ordering a stay) set aside