Supreme Court of Canada grants leave to appeal decision on enforcement of judgment against Caribbean islands
November 12th, 2020
Today, Canada’s highest court granted leave to appeal from a decision of the Court of Appeal for Ontario refusing to register in Ontario a British Columbia judgment against the Caribbean nation of Antigua and Barbuda due to a lack of jurisdiction. Specifically, the Court of Appeal in the decision below held that the judge did not err in finding that Antigua was not “carrying on business” in British Columbia at the relevant time and thus there was not a sufficient connection to allow the B.C. court to grant judgment against them.
The underlying decision of the Court of Appeal for Ontario pitted the courts of Canada’s two largest common law provinces against each other. As such, it really is no surprise that the Supreme Court of Canada has decided to weigh in on the dispute.
For more details of the Ontario Court of Appeal’s decision see the excellent article from last February by our newest associate, Alyssa Hall, here.