Does a domestic court have jurisdiction to consider fraud in the foreign jurisdiction?

British Columbia, Canada

The following excerpt is from Salfinger v. Salfinger, 2012 BCSC 1874 (CanLII):

As further noted in Sangi, “the domestic court’s jurisdiction to consider fraud in the foreign jurisdiction was modestly expanded” in Beals v. Saldanha, 2003 SCC 72, to include new or newly discovered material facts that were not before the foreign court when it decided to exercise jurisdiction. Discussion

The Australian court decided to exercise jurisdiction. As Finch C.J.B.C. said in Lang v. Lapp, if the respondent was unhappy with that decision, her recourse was to appeal that decision to the Australian court: “It would not conform to principles of international comity to permit the defendants to re-litigate issues of fact or law which could have been addressed in the foreign jurisdiction.”

There are limited grounds to refuse to recognize the Australian divorce in Canada as a foreign divorce such as denial of natural justice; flimsy residential means; fraud or improper reasons; or injustice in granting recognition of the divorce: Pitre v. Nguyen at para.13.

Other Questions

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)
What steps must a party who resides in another jurisdiction take to be considered "substantive" in attorned to this court's jurisdiction? (British Columbia, Canada)
Is an extradition court a court of competent jurisdiction pursuant to s. 24 of the Charter and has the jurisdiction to grant Charter remedies? (British Columbia, Canada)
Does a domestic court have an increased duty to ensure that the minimum standards of fairness have been applied by a foreign court? (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)
When considering a long-term mental health case, is it possible for the court to consider a single clinical record? (British Columbia, Canada)
Can an allegation of fraud or breach of trust be found where there has been a conviction or a finding of fraud by a judgment in a criminal or civil court? (British Columbia, Canada)
What is the test to determine if a court has jurisdiction over a foreign defendant? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
Does the court have jurisdiction or residual discretion to prevent misuse of the court’s procedure? (British Columbia, Canada)

Whitelogo nobg 300dpi sm

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.