The Ontario Court of Appeal in Roger Vanden Berghe NV v. Korhani of Canada Inc., 2025 ONCA 226 upheld the recognition of a Belgian court judgment, reinforcing Ontario’s approach to enforcing foreign judgments. The case involved a Belgian company in liquidation, seeking to recover unpaid invoices from an Ontario corporation. A Belgian court ruled in favor of the respondent, and the Ontario Superior Court of Justice recognized the judgment, finding that it met all legal criteria, including jurisdiction, finality, and a definite monetary award.
The decision was appealed, with the appellant arguing improper service of the Belgian proceedings and ineffective legal representation and sought to introduce fresh evidence. The Court of Appeal dismissed these claims, holding that service had been properly effected and that allegations of ineffective counsel do not typically justify an appeal in civil cases. The court found no errors in the application judge’s analysis and reaffirmed that the Belgian judgment was valid and enforceable in Ontario.
This decision underscores Ontario courts’ commitment to upholding international commercial obligations and ensuring that foreign judgments are respected when they meet established legal standards. It serves as a reminder for businesses engaged in cross-border transactions to respond promptly to legal proceedings in foreign jurisdictions and to secure proper legal representation when disputes arise. Parties seeking to enforce or resist foreign judgments should consider seeking legal counsel to discuss their options.
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