Canada Case Law

Liu v. Ni

Court

Supreme Court of British Columbia

Plaintiffs failed to meet the balance of probabilities on all major claims due to unreliable or missing documentary evidence, credibility findings (plaintiffs found deceptive regarding Chinese estate division), inadequate pleadings and disclosure, and procedural defects; the court refused recognition/enforcement in Canada of the RMB 27,800,000 Chinese civil judgment because of a reasonably based concern as to China’s judicial independence; accordingly the plaintiffs' claims (family compensation, debt claims, unjust enrichment, conversion, fraudulent misrepresentation) are dismissed. The court…

Source excerpt

• Enforcement of foreign arbitration and court awards
• Authenticity of financial instruments
• Judicial notice and judicial independence
• Burden and standard of proof
• Fraudulent conveyance
• Family compensation damages

Read case analysis

Zeng v. Zuo

Court

Supreme Court of British Columbia

The Chinese Civil Mediation Paper of April 26, 2018 is enforceable in British Columbia: the defendants attorned to the Chinese court by appointing agents who participated and consented, the mediation paper is final and conclusive under Chinese law, and the defendants failed to establish a defence of lack of natural justice (duress) or fraud. Consequently the Chinese judgment debt (RMB 35,350,000 principal and RMB 20,455,141.64 interest calculated to January 1, 2025 with interest accruing at RMB 10,273.97 per day) is recognized and enforceable; the trust funds from the Property sale are to be…

Source excerpt

• Recognition and enforcement of foreign judgments
• Jurisdiction and attornment
• Natural justice/duress as defence to recognition
• Fraud defence to foreign judgments
• Interest calculation on foreign judgments
• Costs and special costs

Read case analysis

Atlas Conglomerate of Ridiculous Proportions LLC. V. NFT Technologies Inc.

Court

Supreme Court of British Columbia

Defendant failed to prove, on the civil standard, that enforcement of the Florida judgment violated Canadian notions of natural justice or public policy; the Florida rule requiring corporate representation by counsel did not deprive NFT of a fair opportunity to defend; accordingly the Florida judgment is recognized and enforceable in BC, interest is to run under the Court Order Interest Act, and costs are awarded at Scale B with full indemnity costs refused.

Source excerpt

• Recognition and enforcement of foreign judgments
• Natural justice
• Public policy
• Corporate self-representation
• Interest and costs

Read case analysis

Hilmer Motorsport GmbH v. Mason

Court

Court of Appeal for Ontario

Ontario Court of Appeal upheld recognition and enforcement of a German default judgment, holding the Munich court had jurisdiction and the arbitration clause did not bar enforcement.

• Recognition and enforcement
• Public policy defence
• Jurisdiction
• Arbitration agreement
• Stay in favour of arbitration
• Default judgment

Read case analysis

Petersen Energía Inversora, S.A.U. v. Argentina

Court

Court of Appeal for Ontario

The Ontario Court of Appeal quashed Argentina’s appeal, holding the service-validity order was interlocutory and not appealable as of right.

• Service of process
• State immunity act ss.9(1)(c) and 9(2)
• Hague service convention
• Interlocutory v final order
• Appeal route and jurisdiction
• Service-of-process

Read case analysis

Liu v. Zhao

Court

Supreme Court of British Columbia

The court found territorial jurisdiction in British Columbia, but declined to exercise it for child and spousal support in favour of China and recognized parts of a 2022 Chinese family judgment.

• Jurisdiction
• Forum non conveniens
• Recognition and enforcement
• Child support
• Spousal support
• Divorce

Read case analysis

Sharp v. United States (Securities and Exchange Commission)

Court

British Columbia Court of Appeal

British Columbia Court of Appeal upheld summary judgment recognizing and enforcing a Massachusetts default judgment against Frederick Sharp, rejecting jurisdiction and natural justice challenges.

• Disgorgement
• Recognition and enforcement of foreign judgments
• Real and substantial connection
• Natural justice
• Summary judgment
• Service of process

Read case analysis

Jiashan County Agri-Commerce Joint Small-Sum Co. Ltd. v. Cao

Court

British Columbia Court of Appeal

Appeal in a foreign judgment enforcement case largely upheld, but the limitations-based public policy defence was struck. Laches was limited to equitable claims.

• Public policy defence
• Natural justice
• Limitations
• Laches
• Res judicata
• Striking pleadings (rule 9-5)

Read case analysis

Roger Vanden Berghe NV v. Korhani of Canada Inc.

Court

Court of Appeal for Ontario

The appeal is dismissed because the Belgian court had jurisdiction under the parties' contract, the Belgian judgment was final and for a definite sum, the appellant failed to demonstrate any recognized ground to refuse recognition (including natural justice), the proposed fresh evidence did not meet the Palmer test and could have been placed before the application judge, and allegations of ineffective counsel do not permit a de novo rehearing in the absence of exceptional circumstances.

Source excerpt

• Recognition of foreign judgments
• Service of process
• Fresh evidence
• Ineffective assistance of counsel (civil)
• Natural justice
• Jurisdiction

Read case analysis

Liu v. Ni

Court

Supreme Court of British Columbia

The court refused to dismiss a debt and property claim as abuse of process or want of prosecution, allowed amendment, and kept most CPLs in place.

• Abuse of process
• Res judicata
• Certificate of pending litigation (cpl)
• Fraudulent conveyance
• Recognition and enforcement of foreign judgments and arbitration awards
• Dismissal for want of prosecution

Read case analysis