In the recent Court of Appeal decision of Sunlight General Capital LLC v. Effisolar Energy Corporation, 2023 ONCA 133, the Court of Appeal reaffirmed the principles established in Independence Plaza 1 Associates L.L.C. v. Figliolini, 2017 ONCA 44, 136 O.R. (3d) 202, (“Independent Plaza 1”) at para. 3, that the limitation period for the recognition and enforcement of a foreign judgment begins to run from the date on which the right of appeal in respect of that judgment expires, and not from the date of issuance of the judgment. Facts: The Respondent, Sunlight General Capital LLC (the “Respondent”), had obtained a judgment against the Appellant, Effisolar Energy Corporation (the “Appellant”), in the Supreme Court of New York for approximately 1.6 million U.S. The judgment was issued on October 18, 2018, and on May 19, 2019, an appeal with the Supreme Court of New York was administratively dismissed. The Respondent moved … Read More
Ontario Court of Appeal Rejects Recognition of Ricochet Judgment at Common Law
In the recent Court of Appeal ruling of H.M.B. Holdings Limited v. Antigua and Barbuda, the Court of Appeal for Ontario considered whether an Ontario court should recognize and enforce a recognition and enforcement judgment (Ricochet Judgment) from another province pursuant to the common law. Background: The dispute between these parties has had a long history in the Ontario Courts and the Supreme Court of Canada. The Applicant H.M.B. brought an application to have an enforcement judgment of the province of British Columbia (B.C.) recognized in Ontario. Pursuant to default proceedings, the Supreme Court of B.C. recognized and enforced a foreign judgment issued by the Judicial Committee of the Privy Council (the Privy Council). The Respondent, the Attorney General of Antigua and Barbuda (Antigua) expropriated property owned by the appellant, located in Antigua and Barbuda. The Privy Council awarded compensation to H.M.B. for the expropriation. Antigua did not defend or … Read More
Recognition of Foreign Judgments – The Ontario Courts will not Recognize Enforcement Orders (a.k.a. “Ricochet Judgments”)
In H.M.B. Holdings Ltd. v. Attorney General of Antigua and Barbuda, 2021 ONSC 2307, on a summary judgment motion, the Ontario Superior Court of Justice (“OSCJ”) found that there was no genuine issue requiring a trial and subsequently dismissed the plaintiff’s action (commenced on May 6, 2019) for the recognition of a money judgment that it obtained against the defendant in British Columbia in 2017 (“BC Judgment”). The BC Judgment was a default judgment recognizing and enforcing a judgment of the Privy Council of the United Kingdom which the plaintiff obtained in 2014 (“Privy Council Judgment”). The defendant argued that: The plaintiff was attempting to avoid seeking recognition and enforcement of the original Privy Council Judgment in Ontario by seeking to recognize and enforce the derivative BC Judgment instead; The plaintiff would be out of time to seek recognition of the Privy Council Judgment in Ontario (because of the expiry … Read More