What is the test for determining if a judgment against a foreign defendant is enforceable in a foreign jurisdiction?
British Columbia, Canada
The following excerpt is from MTU Maintenance Canada Ltd. v. Kuehne & Nagel International Ltd., 2007 BCCA 552 (CanLII):
In an application such as the one at bar, it is particularly important that the court rely only on the court record in deciding whether it has jurisdiction to hear a claim against a foreign defendant. The fact that a domestic court is willing to take jurisdiction over a foreign defendant does not necessarily mean that a judgment against the foreign defendant will be enforceable in a foreign jurisdiction. The court in the foreign jurisdiction must decide whether it will recognize the judgment, and it may well look to the court record in the domestic jurisdiction to make that determination. For example, courts in the United States will only recognize judgments granted by a foreign court against U.S. defendants if there are “minimum connections” between the foreign jurisdiction and U.S. defendants (see Beals v. Saldanha, 2003 SCC 72, [2003] 3 S.C.R. 416 ¶ 180).
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