The appellant obtained a default judgment in South Carolina in August 2014 against the respondent, a resident of Ontario.
The appellant commenced an enforcement action in Ontario in December 2017, more than three years later, claiming it did not know the respondent had assets in Ontario until October 2017.
The motion judge set aside the Mareva injunction granted ex parte, finding the enforcement action was statute-barred under the Limitations Act, 2002.
The Court of Appeal upheld this decision, holding that the two-year limitation period began to run 30 days after the foreign judgment was entered, when the time to appeal expired.
The court rejected arguments that appeals by co-defendants postponed the limitation period and that the appellant lacked knowledge of the respondent's Ontario assets.
