The applicant, Dead End Survival, LLC, sought to enforce a judgment from the United States District Court for the Northern District of Georgia Atlanta Division against the respondent, Georgi Marhasin (operating as Marhasin Warehouse).
The foreign judgment included a permanent injunction and damages for trademark infringement, unfair competition, fraud, and other torts.
The respondent raised a preliminary objection that the matter should have proceeded by action, not application, and defended on grounds of fraud and public policy (excessive statutory damages).
The court dismissed the preliminary objection, finding an application appropriate due to no material factual disputes.
The court also rejected the fraud defence, noting the respondent's failure to defend in the foreign proceedings and the lack of new material facts.
The public policy defence regarding excessive damages was also dismissed, as U.S. trademark law was not contrary to Canadian justice, and the defence does not bar enforcement merely because damages differ from Canadian awards.
The application to enforce the foreign judgment was granted.
