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The Court of Appeal upheld the enforcement of a Russian judgment, finding the appellant received adequate notice and was not denied natural justice.
The appellant, Leonid Pekker, appealed a Superior Court judgment that recognized and enforced a Russian court's judgment against him for an unpaid loan.
The Russian judgment was obtained ex parte after Pekker failed to appear, despite being duly notified.
Pekker's subsequent appeal in Russia, challenging notice, was dismissed, and he did not pursue further appeals.
The Ontario Court of Appeal upheld the application judge's decision, finding no error in recognizing the foreign judgment.
The Court affirmed that the Russian proceedings met minimum standards of fairness, as Pekker had adequate notice and opportunity to defend and appeal.
The Court also upheld the exclusion of an unsworn expert report on Russian law.
Commercial host's summary judgment motion dismissed due to genuine issues regarding foreseeability and security standards.
The defendant Ceeps-Barneys Limited, operating as The Ceeps, brought a motion for summary judgment to dismiss a personal injury action against it.
The plaintiffs alleged the Ceeps breached its common-law and statutory duties as a commercial host and occupier, following an assault on the plaintiff Kyle Schiavone by co-defendant Brenden Woods outside the establishment.
The court dismissed the motion, finding genuine issues requiring a trial regarding the Ceeps' duty of care, breach, and the foreseeability of harm.
The court also noted that granting partial summary judgment would risk duplicative proceedings and inconsistent findings, as the action would proceed against other defendants regardless.
