The applicant, Roger Vanden Berghe NV (RVB), sought to enforce a final judgment issued by a Belgian court against the respondent, Korhani of Canada Inc. RVB's evidence, largely uncontested, established that Korhani owed RVB for unpaid invoices, and the Belgian court had granted a default judgment after proper service.
Korhani disputed the amounts owing and argued lack of jurisdiction and denial of natural justice, but provided no evidence to support these claims.
The court applied a generous and liberal approach to recognition and enforcement of foreign judgments, finding that the Belgian court had competent jurisdiction due to a real and substantial connection (contractual jurisdiction clause, place of business, and order processing).
The court dismissed Korhani's defences of fraud and lack of natural justice, as they related to the merits of the original dispute rather than procedural fairness, and no evidence was presented to support them.
The Belgian judgment was recognized and enforced, and costs were awarded to the applicant.
