Canada’s Supreme Court says HMB judgement cannot be enforced in British Columbia

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Hotel will sit on the famous HMB beach

Aird & Berlis successfully represented Antigua and Barbuda at Supreme Court of Canada.

The Supreme Court of Canada released its decision upholding an Order obtained for The Attorney General of Antigua and Barbuda, dismissing efforts in Ontario under the Reciprocal Enforcement of Judgments Act to enforce a default judgment against Antigua and Barbuda in British Columbia.

The British Columbia judgment was an enforcement judgment of an award originally granted by the Privy Council.

Under the Act, a judgment shall not be registered if, among other things, the judgment debtor did not carry on business in the jurisdiction where the judgment was rendered. The SCC agreed with the majority of the Ontario Court of Appeal and the application judged that the term “carrying on business” has the same meaning under the Act as under common law for jurisdiction simpliciter.

The Attorney General of Antigua and Barbuda retained representatives in British Columbia to advertise and promote its citizenship by investment program. The SCC found that this did not amount to carrying on business in British Columbia.

The Aird & Berlis team was led by Steve Tenai (Picture) and Sanj Sood, with invaluable assistance from Angela Swan.

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1 COMMENT

  1. I heard an Attorney Astaphan saying in the news. Antigua already paid about $70 million to HMB. That same voice was the one heard saying. He was going to have a conversation with the Attorney General. To introduced laws in Parliament to curtail what can and could be said on Radio Stations in Antigua and Barbuda. A wey de Bull Pistle garne? The one with de wire in dey.

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