What is the scope of a defendant’s right to challenge a foreign judgment for fraud going to jurisdiction?

British Columbia, Canada


The following excerpt is from Lang v. Lapp, 2009 BCSC 638 (CanLII):

In Cabaniss v. Cabaniss, 2006 BCSC 1076 [Cabaniss] at paras. 21 and 23, Mr. Justice Pitfield considered the scope of a defendant’s right to challenge a foreign judgment for fraud going to jurisdiction. He said this:

Other Questions


Is there a duty of due diligence on a party who seeks to challenge a judgment for fraud going to jurisdiction? (British Columbia, Canada)
What is the test for determining if a judgment against a foreign defendant is enforceable in a foreign jurisdiction? (British Columbia, Canada)
What are the qualifications to challenge a judgement for fraud going to jurisdiction? (British Columbia, Canada)
Does a domestic court have jurisdiction to consider fraud in the foreign jurisdiction? (British Columbia, Canada)
What is the test for a challenge to arbitrator’s jurisdiction? (British Columbia, Canada)
What is the test to determine if a court has jurisdiction over a foreign defendant? (British Columbia, Canada)
What constitutes fraud on a court in the context of enforcing a foreign judgment? (British Columbia, Canada)
What is the test for determining if a plaintiff has a right to drive in front of a Defendant's vehicle? (British Columbia, Canada)
What is the scope of a trial judge's discretion to vary an order following a Reasons for Judgment? (British Columbia, Canada)
What is the test for a defence of fraud going to jurisdiction in a forum non conveniens hearing? (British Columbia, Canada)

There are no other similar questions at this time.