Ontario Court Considers New Defence to Enforcement of Foreign Judgments
Date:
March 16 2010
In Beals v Saldanha the Supreme Court of Canada noted the increasing prevalence of international cross-border transactions and concluded that there was a need for modernization of the principles of private international law as they relate to actions to enforce foreign judgments. The court applied the 'real and substantial connection' test to determine whether jurisdiction was proper and addressed the defences of fraud, denial of natural justice and offence to public morality that had been developed to guard against unforeseen unfairness.
Republished with permission.
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