Supreme Court

Summary: Judgment debtor applied under the Act to have registration of the judgment against him set aside on the basis that the judgment creditor did not provide to the Court on its ex parte application information relevant to the attornement of Mr. Morse to the jurisdiction of the Ontario court in which the original judgment was issued - Appellant was a partner of the limited partnership named by the Respondent as the Defendant to the original action - Appellant had sent a letter to counsel for the Respondent prior to the commencement of the original action advising that he had consulted with his trustee in bankruptcy and was supplying copies of documents confirming the bankruptcy and discharge from same and confirming that the limited partnership was named as a creditor in the bankruptcy - Respondent did not advise the Court of the letter from Mr. Morse during the ex parte application for registration. Court held that it was incumbent on counsel for the judgment creditor to disclose to the Court on the ex parte application that there was an issue as to whether Mr. Morse was still a limited partner when the Statement of Claim was filed in Ontario and to make submissions on that issue and on the issue of whether or not the appellant had been carrying on business in Ontario.
Abstract: Application by judgment debtor to set aside ex parte registration of an Ontario judgment.
Decision: Ex parte registration set aside - leave granted to judgment creditor to bring on further application for registration on notice to Applicant
Subjects: Conflict of laws - Foreign judgments - Reciprocal enforcement
Civil procedure - Interlocutory motions - Ex parte applications