Abokasem v. Benjamin
The Court found no error in the Supreme Court judge's decision to register the United States judgment and concluded there was no palpable and overriding error warranting appellate intervention; accordingly the registration order was affirmed and the appeal dismissed.
Source-derived case information.
- Citation
- 2017 BCCA 70
- Parties
- Respondent (plaintiff): Mohamed Abokasem; Respondent (plaintiff): Sujoy Majumdar; Respondent (plaintiff): Madhumita Sakar; Respondent (plaintiff): Anil Mital; Respondent (plaintiff): Krihna Shankar; Respondent (plaintiff): Radhika Shankar; Respondent (plaintiff): Vinay Dilawri; Respondent (plaintiff): Krishna Kundadak Kudva; Respondent (plaintiff): Vidya Krishna Kudva; Respondent (plaintiff): Archana Krishna Kudva- Pelly; Respondent (plaintiff): Rathnakumar Badhan; Respondent (plaintiff): Manonmani Thangapandian; Respondent (plaintiff): Indrajit Roy; Respondent (plaintiff): Sushma Kaul Roy; Respondent (plaintiff): Rnjit Mair; Respondent (plaintiff): Jiji Ranjit Nair; Respondent (plaintiff): Ajith Nair; Respondent (plaintiff): Radhika Nair; Respondent (plaintiff): Ravinder Prakash; Respondent (plaintiff): Hemant Prakash; Respondent (plaintiff): Dhiraj Tyagi; Respondent (plaintiff): Jyoti Tyagi; Appellant (defendant): Manoj Benjamin; Appellant (defendant): Ravi Benjamin; Appellant (defendant): Collins Benjamin; Appellant (defendant): Anjula Benjamin; Appellant (defendant): Maya Benjamin; Appellant (defendant): Sherri Benjamin
- Court
- British Columbia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 9 February 2017
- Procedural Posture
- Appeal / Post Hearing Judgment on Registration of Foreign Judgment
- Outcome
- Appeal dismissed; order registering U.S. judgment affirmed
- Legal Topics
- Registration of Foreign Judgment, Recognition and Enforcement, Standard of Appellate Review
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Abokasem
Respondent (plaintiff)
Sujoy Majumdar
Respondent (plaintiff)
Madhumita Sakar
Respondent (plaintiff)
Anil Mital
Respondent (plaintiff)
Krihna Shankar
Respondent (plaintiff)
Radhika Shankar
Respondent (plaintiff)
Vinay Dilawri
Respondent (plaintiff)
Krishna Kundadak Kudva
Respondent (plaintiff)
Vidya Krishna Kudva
Respondent (plaintiff)
Archana Krishna Kudva- Pelly
Respondent (plaintiff)
Rathnakumar Badhan
Respondent (plaintiff)
Manonmani Thangapandian
Respondent (plaintiff)
Indrajit Roy
Respondent (plaintiff)
Sushma Kaul Roy
Respondent (plaintiff)
Rnjit Mair
Respondent (plaintiff)
Jiji Ranjit Nair
Respondent (plaintiff)
Ajith Nair
Respondent (plaintiff)
Radhika Nair
Respondent (plaintiff)
Ravinder Prakash
Respondent (plaintiff)
Hemant Prakash
Respondent (plaintiff)
Dhiraj Tyagi
Respondent (plaintiff)
Jyoti Tyagi
Respondent (plaintiff)
Manoj Benjamin
Appellant (defendant)
Ravi Benjamin
Appellant (defendant)
Collins Benjamin
Appellant (defendant)
Anjula Benjamin
Appellant (defendant)
Maya Benjamin
Appellant (defendant)
Sherri Benjamin
Appellant (defendant)
Procedural Posture
Appeal / Post Hearing Judgment on Registration of Foreign Judgment
Legal Issues
- 1 Whether the United States District Court judgment could be validly registered in British Columbia
- 2 Whether the trial judge erred in law or made a palpable and overriding error in ordering registration
- 3 Whether any recognized grounds (jurisdiction, service, fraud, public policy) justified setting aside registration
Ratio Decidendi
The Court found no error in the Supreme Court judge's decision to register the United States judgment and concluded there was no palpable and overriding error warranting appellate intervention; accordingly the registration order was affirmed and the appeal dismissed.
Court Disposition
Appeal dismissed; order registering U.S. judgment affirmed
Orders
- Appeal dismissed
- Order of the Supreme Court of British Columbia dated December 9, 2015 registering the United States District Court judgment affirmed
Full Case Text
Judgment text and source record
1 paragraphs
2017 BCCA 70 Abokasem v. Benjamin COURT OF APPEAL FOR BRITISH COLUMBIA Citation: Abokasem v. Benjamin, 2017 BCCA 70 Date: 20170209 Docket: CA43375 Between: Mohamed Abokasem, Sujoy Majumdar, Madhumita Sakar, Anil Mital, Krihna Shankar, Radhika Shankar, Vinay Dilawri, Krishna Kundadak Kudva, Vidya Krishna Kudva, Archana Krishna Kudva- Pelly, Rathnakumar Badhan, Manonmani Thangapandian, Indrajit Roy, Sushma Kaul Roy, Rnjit Mair, Jiji Ranjit Nair, Ajith Nair, Radhika Nair, Ravinder Prakash, Hemant Prakash, Dhiraj Tyagi and Jyoti Tyagi Respondents (Plaintiffs) And Manoj Benjamin, Ravi Benjamin, Collins Benjamin, Anjula Benjamin, Maya Benjamin & Sherri Benjamin Appellants (Defendants) Before: The Honourable Mr. Justice Lowry The Honourable Mr. Justice Frankel The Honourable Mr. Justice Savage On appeal from: an order of the Supreme Court of British Columbia, dated December 9, 2015 (Abokasem v. Benjamin, 2015 BCSC 2300, Vancouver Registry No. S137828) Oral Reasons for Judgment Appellants appearing In Person: Manoj Benjamin, R. Benjamin and S. Benjamin Counsel for the Respondent: D.A. Crerar Place and Date of Hearing: Vancouver, British Columbia February 9, 2017 Place and Date of Judgment: Vancouver, British Columbia February 9, 2017 Summary: Appeal from an order registering a foreign judgment. Held: appeal dismissed. [1] LOWRY J.A.: The appellants appeal an order registering the judgment of the United States District Court for the Northern District of California on December 12, 2012, in Mohamed Abokasem et al v. Royal Indian Raj International Corporation et al, Court No. CV-10-1781. [2] The judge who ordered the judgment registered has not been shown to have made any error that warrants the intervention of this Court. We are all agreed the appeal is to be dismissed and the order affirmed for the reasons she gave. [3] The appeal is dismissed with costs. "The Honourable Mr. Justice Lowry"