Defendants failed to establish that plaintiff obtained judgment fraudulently

Conflict of Laws - Enforcement of Foreign Judgments - Prerequisites for enforcement

Plaintiff commenced action in Maryland alleging that defendants owed him money. Defendants disputed jurisdiction in Maryland but were unsuccessful. Subsequently, defendants did not defend action. After default hearing in which plaintiff gave evidence regarding amount owed, default judgment was granted for amount of USD $107,797.63. Plaintiff brought motion for enforcement of Maryland judgment in Ontario. Motion granted. Funds came from plaintiff's bank in Maryland and plaintiff lived in Maryland. Maryland court properly assumed jurisdiction. Defendants failed to establish that plaintiff obtained Maryland judgment fraudulently. Defendants had notice of Maryland action and chose not to defend. There was no genuine issue requiring trial. Order and judgment were granted for registration and enforcement of Maryland judgment.

Kaveh v. Kaveh Semnani (2019), 2019 CarswellOnt 2084, 2019 ONSC 996, M.E. Vallee J. (Ont. S.C.J.).

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