Ontario Court Enforces Virginia Judgment Against Former Fiancé

The Ontario Superior Court of Justice has enforced a judgment against former fiancé from the Circuit Court of Loudoun County, Virginia, USA (“Virginia Judgment”).

The Virginia Judgment was obtained in an action commenced by Ms. Martel after a wedding engagement between Ms. Martel and Mr. Zika was terminated. Both parties commenced actions for breach of contract. Mr. Zika sued for damages and the return of some property, including an engagement ring. Ultimately, the Virginia court dismissed Ms. Martel’s claims and granted judgment in favour of Mr. Zika for the return of the claimed property and damages in the amount of $11,999.99 USD.

Mr. Zika commenced an action in Ontario after Ms. Martel failed to fully satisfy the Virginia Judgment. The court held that the action was properly adjudicated in Virginia. The court further held that there was no genuine issue requiring a trial and enforced the Virginia Judgment in Ontario. Ms. Martel was ordered to pay Mr. Zika’s costs of the Ontario action on a substantial indemnity scale because Ms. Martel prolonged the Ontario action and required Mr. Zika to take steps that were ultimately unnecessary.

This case is a reminder that the principles of comity result in Ontario courts giving wide deference to the judgments in other nations.

Ruzbeh Hosseini

Ruzbeh Hosseini is a Canadian lawyer specializing in business litigation and cross-border litigation with a special focus on the recognition and enforcement of foreign judgments and arbitral awards in Canada.

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