Beals v. Saldanha, [2003] 3 S.C.R. 416, 2003 SCC 72 is a leading Supreme Court of Canada decision on the conflict of laws, where the Court established the requirements to enforce foreign judgments in Canada. The Court held that foreign judgments were enforceable in Canada where there was a "real and substantial connection" between the foreign jurisdiction and the subject matter giving rise to the claim.
Geoffrey and Leueen Saldanha and Dominic Th...
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Beals v. Saldanha, [2003] 3 S.C.R. 416, 2003 SCC 72 is a leading Supreme Court of Canada decision on the conflict of laws, where the Court established the requirements to enforce foreign judgments in Canada. The Court held that foreign judgments were enforceable in Canada where there was a "real and substantial connection" between the foreign jurisdiction and the subject matter giving rise to the claim.
Geoffrey and Leueen Saldanha and Dominic Thivy were residents of Ontario and sold lots they owned in Florida to Frederick and Patricia Beals. Beals brought an action against Saldanha and Thivy when it was discovered that the defendants did not actually own the property they sold. A defence was filed with the Court but did nothing afterwards and defaulted. A jury awarded Beals $260,000 in damages.
Thivy and Saldanha were informed by a lawyer in Ontario that the judgment could not be enforced and so they did nothing.
Soon Beals brought an action in Ontario to enforce the judgment, which...
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