Ontario’s top court refuses to enforce judgment against Antigua and Barbuda
In a recent decision in H.M.B. Holdings v. Antigua and Barbuda, the Court of Appeal for Ontario upheld a decision to refuse 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 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. This case originated with a Judicial Committee of the Privy ... [more] Full article
Hollow Victory for Ecuadorian Villagers?
Could Chevron’s Canadian subsidiary be liable for environmental damages awarded against Chevron, the parent company, in Ecuador? This question remains unanswered despite the recent release of a much-anticipated Supreme Court ... [more] Full article
Pay Up: $10 Billion foreign judgment enforceable in Ontario
The application of the “real and substantial connection” test for enforcement of foreign judgments was further clarified by the Ontario Court of Appeal in a recent decision, part of a ... [more] Full article
Courts have power to grant injunctions against parties outside their jurisdiction
Late last spring, a unanimous Supreme Court of Canada affirmed that the provinces' Superior Courts have the jurisdiction to issue injunctions with purely extraterritorial effects. [more] Full article
Enforcement of Foreign Judgments Contributors
Kenneth A. Dekker
Kenneth Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. Over more than two decades, Ken has litigated noteworthy cases in a range of fields that include class action defence, securities and broker-dealer litigation and regulatory defence, corporate and shareholder disputes (including oppression and winding up cases), defamation, civil fraud litigation, disputes over contracts, injunctions, professional liability litigation, employment litigation and cross-border litigation issues. Ken has appeared before all levels of courts in Ontario, including the Ontario Court of Justice, the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada. Ken also represents and advises clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA) and the Ontario Securities Commission (OSC). Ken has been ranked as Repeatedly Recommended for Securities Litigation by Lexpert, for Corporate and Commercial Litigation by Best Lawyers of Canada, and he has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.
