If a party can have challenged a foreign court’s procedural defects in that foreign proceeding, can that party collaterally attack the foreign procedural process before the Canadian court at the enforcement stage?

British Columbia, Canada


The following excerpt is from The Resolution and Collection Corporation v. Nishiyama, 2016 BCSC 574 (CanLII):

Beals further establishes that if a party could have challenged the foreign court’s procedural defects in that foreign proceeding and failed to do so, the defendant will not be heard to collaterally attack the foreign procedural process before the Canadian court at the enforcement stage; Cabaniss v. Cabaniss, 2010 BCCA 348 at para. 49.

Furthermore, the British Columbia courts have stated that as substitutional service is commonly used in proceedings before domestic courts, the use of such service, without more, does not constitute denial of natural justice sufficient to forestall enforcement of a foreign judgment; Abokasem v. Benjamin, 2015 BCSC 2300 at para. 60.

Other Questions


Does the doctrine of collateral attack prevent a party from undermining an order issued by a court or administrative tribunal? (British Columbia, Canada)
Can a court order special costs to punish a party for misconduct in the proceedings or to compensate the other party for misbehaviour? (British Columbia, Canada)
In what circumstances will a court order that the proceeds of a sale of machinery be returned to the court as proceeds of the sale of the machinery for damages? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
What are some cases where a court has considered a party’s contributions to the calculation of the parties’ respective financial contributions in dividing the proceeds of sale? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
In what circumstances will the court accept evidence that the traffic light was in the late yellow stage or all red stage at the time the collision occurred? (British Columbia, Canada)
What is the proper procedure for counsel for the prevailing party in an ex parte application to obtain an order from the affected party? (British Columbia, Canada)
What is the test for Section 200 of the BC's Rules of Civil Procedure and Procedure, or is it necessary to obtain relief from the Court? (British Columbia, Canada)
What is the test for a court to enforce a settlement between the parties respecting custody and access? (British Columbia, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.