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 … Read More
Sabrina Saltmarsh Presents as Part of Panel on Enforcement of Judgments at Cross-Borders Legal Conference
Sabrina Saltmarsh presented as a Panelist at this year’s Cross-Borders legal conference held by the Ontario Bar Association on Enforcement of Judgments. The Panel discussion included: how to obtain an order granting enforcement of letters rogatory in Ontario; how letters rogatory are treated by Canadian banks; the process of obtaining recognition and enforcement of foreign judgements in Ontario; and current legal issues surrounding obtaining these types of orders in Ontario. Sabrina provided insights to the audience of Canadian and American lawyers on the recent developments on the law concerning ricochet judgments and the role experts on foreign law may play in judicial proceedings pertaining to enforcement and recognition proceedings. Lawyers at Gilbertson Davis LLP, have experience in representing parties in cross-border litigation and disputes, including seeking to enforce Letters Rogatory and Enforcement and Recognition of Foreign Judgements in Ontario. Please contact Gilbertson Davis LLP to schedule a free initial consultation.