By presenting substantive arguments in motion to dismiss, resident submitted to court’s jurisdiction

Supreme court | Conflict of Laws | Enforcement of foreign judgments | Prerequisites for enforcement

Quebec resident into contract with corporation operating in Utah. Dispute arose as to amount owed to corporation according to contract. Corporation brought application before Utah court against resident. Resident brought motion to dismiss before Utah court. Default judgment was rendered by Utah court against resident. Corporation sought to have that decision recognized in Quebec and declared enforceable against resident. Superior Court held that, since resident had made submissions before Utah court by raising substantive arguments in his motion to dismiss, judgment could be enforceable against him. Resident’s appeal was dismissed and resident appealed before Supreme Court of Canada. Appeal dismissed. By presenting substantive arguments in his motion to dismiss, resident submitted to Utah Court’s jurisdiction. In doing so, resident attempted to take advantage of proceedings initiated in Utah to resolve part, if not all, of dispute. This was sufficient to justify recognizing and enforcing Utah decision against him in Quebec. Therefore, no intervention was justified.

Barer v. Knight Brothers LLC (2019), 2019 CarswellQue 420, 2019 CarswellQue 421, 2019 SCC 13, 2019 CSC 13, Wagner C.J.C., Abella J., Moldaver J., Karakatsanis J., Gascon J., Côté J., Brown J., Rowe J., and Martin J. (S.C.C.); affirmed (2017), 2017 CarswellQue 2806, 2017 QCCA 597, Jacques J.C.A. (ad hoc), Vézina J.C.A., and Mainville J.C.A. (C.A. Que.).

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