Federal court | Admiralty
GENERAL
Issue of enforcement of foreign judgment was central to claim
Plaintiff sought summary judgment. Plaintiff was American banking institution. Plaintiff claimed that rights over vessel were uncontested. It sought to execute on its in rem rights and dispose of vessel in prompt manner. Motion dismissed. Plaintiff referred to contracts entered into and judgment obtained in foreign jurisdiction under laws foreign to this jurisdiction and affecting parties other than defendants who had owned and had been in possession of vessel. Plaintiff sought to introduce instruments through affidavit of vice-president, which it could not do. They must be proved. There was lack of evidence before court. Court was not satisfied there was no genuine issue for trial. Full hearing with evidence that was properly presented and tested needed to take place. Not only was there no proper evidence before court but issue of enforcement of foreign judgment was central to claim. Matter was not fit for summary judgment as there were genuine issues that needed to be tried.
Lakeland Bank v. “Never E Nuff” (The) (Aug. 12, 2013, F.C., Yvan Roy J., File No. T-1106-12) 231 A.C.W.S. (3d) 944. LT
Issue of enforcement of foreign judgment was central to claim
Plaintiff sought summary judgment. Plaintiff was American banking institution. Plaintiff claimed that rights over vessel were uncontested. It sought to execute on its in rem rights and dispose of vessel in prompt manner. Motion dismissed. Plaintiff referred to contracts entered into and judgment obtained in foreign jurisdiction under laws foreign to this jurisdiction and affecting parties other than defendants who had owned and had been in possession of vessel. Plaintiff sought to introduce instruments through affidavit of vice-president, which it could not do. They must be proved. There was lack of evidence before court. Court was not satisfied there was no genuine issue for trial. Full hearing with evidence that was properly presented and tested needed to take place. Not only was there no proper evidence before court but issue of enforcement of foreign judgment was central to claim. Matter was not fit for summary judgment as there were genuine issues that needed to be tried.
Lakeland Bank v. “Never E Nuff” (The) (Aug. 12, 2013, F.C., Yvan Roy J., File No. T-1106-12) 231 A.C.W.S. (3d) 944. LT
