Jerry S. Grobman Professional Corp. v. Linemayr

Jerry S. Grobman Professional Corp. v. Linemayr

The Court held that registration of the Alberta judgment under the Court Order Enforcement Act made it, from the date of registration, equivalent to a BC judgment for enforcement and limitation purposes; an action on the registered judgment is a distinct cause of action and not barred by res judicata or limitation where issued within ten years of registration; there was no abuse of process and the chambers judge's summary judgment is affirmed.

Citation
1999 BCCA 246
Parties
Plaintiff/respondent: Jerry S. Grobman Professional Corporation; Plaintiff/respondent: Ronald J. Horricks; Plaintiff/respondent: Joy J. Horricks; Defendant/appellant: Klaus Linemayr; Defendant/appellant: Player's Investment Corp.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
21 April 1999
Procedural Posture
Civil Appeal From Summary Judgment / Court of Appeal Decision Affirming Chambers Summary Judgment Under Rule 18 a
Outcome
Appeal dismissed; chambers judgment affirmed
Legal Topics
Summary Judgment, Registration of Foreign Judgment, Abuse of Process, Res Judicata, Limitation Period, Reciprocal Enforcement of Judgments, Personal Covenant Extinguishment
Source Language
English
Civil Procedure Enforcement of Judgments Limitation Law Property Law Conflict of Laws Summary Judgment Registration of Foreign Judgment Abuse of Process +4 more

Case Brief

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Parties

Jerry S. Grobman Professional Corporation

Plaintiff/respondent

Ronald J. Horricks

Plaintiff/respondent

Joy J. Horricks

Plaintiff/respondent

Klaus Linemayr

Defendant/appellant

Player's Investment Corp.

Defendant/appellant

Procedural Posture

Civil Appeal From Summary Judgment / Court of Appeal Decision Affirming Chambers Summary Judgment Under Rule 18 a

Legal Issues

  1. 1 Whether a British Columbia action on a judgment registered under the Court Order Enforcement Act is a different cause of action from the original foreign action
  2. 2 Whether registration of a foreign judgment in BC extends or resets limitation periods for enforcement
  3. 3 Whether pursuing enforcement in multiple jurisdictions constitutes abuse of process or res judicata

Ratio Decidendi

The Court held that registration of the Alberta judgment under the Court Order Enforcement Act made it, from the date of registration, equivalent to a BC judgment for enforcement and limitation purposes; an action on the registered judgment is a distinct cause of action and not barred by res judicata or limitation where issued within ten years of registration; there was no abuse of process and the chambers judge's summary judgment is affirmed.

Court Disposition

Appeal dismissed; chambers judgment affirmed

Orders

  • Appeal dismissed
  • Summary judgment granted to respondents in chambers affirmed