P environmentally devastated D. D won a court case in Ecuador for $9.51 billion. They now seek its recognition and enforcement in Canadian Court. The Canadian branch is a 7th level subsidiary
What are the criteria for the Ontario Court to recognize and enforce a foreign judgment?
No real and substantial connection needed.
Test-Does the Foreign Court have a real substantial connection with litigants or subject matter in the dispute.
There’s no real and substantial connection required between Canadian Court and the foreign action.
-Mere connection with litigants and disputes broadly is sufficient
An unambiguous statement by this Court that a real and substantial connection is not necessary will have the benefit of:
-providing a fixed, clear and predictable rule,
-and will help to avert needless and wasteful jurisdictional inquiries.
The crucial difference between an action at first instance and an action for recognition and enforcement is:
-the only purpose of the action is to allow a pre-existing obligation to be fulfilled.
-enforcement is limited to measures that can be taken only within the confines of the jurisdiction and in accordance with its rules, and the enforcing court’s judgment has no coercive force outside its jurisdiction.
--enforcement is limited to seizable assets found within its territory
Comity requires that we recognize the legal actions of other countries
There is no requirement that D or their assets be in a particular jurisdiction to find enforcement
The Ontario Court did have jurisdiction since D had an office in Ontario