Jean-Alexandre De Bousquet

The plaintiffs brought a motion for summary judgment to recognize and enforce a $3 million USD judgment obtained against the defendant in the Superior Court of California.

The defendant opposed the motion, arguing the foreign judgment was obtained by fraud based on a newly discovered allegedly forged guarantee, and raised defences of denial of natural justice and public policy.

The court applied the Beals test for recognition of foreign judgments and found the California court properly took jurisdiction.

The court rejected the defendant's fraud defence, finding the allegedly new evidence could have been discovered earlier with reasonable diligence.

The court granted summary judgment, recognizing and enforcing the California judgment.