The defendant moved to stay or dismiss an Ontario action seeking recognition and enforcement of a U.S. judgment, arguing that Ontario lacked jurisdiction because there was no real and substantial connection between the defendant and Ontario.
The plaintiff brought a cross‑motion to amend its statement of claim to add grounds for service ex juris.
The court held that in recognition and enforcement proceedings the applicable test is that set out in Beals v. Saldanha, requiring a real and substantial connection between the foreign court and the underlying dispute, not between the defendant and Ontario.
The court found the Beals criteria were satisfied, including a final foreign judgment for a fixed sum and no applicable defences.
The defendant’s motion was dismissed and the plaintiff’s amendment was allowed in part to clarify service outside Ontario.
