Court of Appeal for Ontario

Citation: 2012 ONCA 213 Date: 2012-03-30 Docket: C54600

Before: Sharpe, Armstrong and Rouleau JJ.A.

Between:

Monte Cristo Investments, LLC (Respondent)

and

Hydroslotter Corporation, Lewis Taylor also known as Skip Taylor also known as Lewis Taylor, Jr., and Jean Claude Bonhomme (Appellant)

Counsel: Kevin Sherkin and Marc Gertner, for the appellant Jean Claude Bonhomme Stephen C. Nadler, for the respondent

Heard and released orally: March 28, 2012

On appeal from the judgment of Justice Kenneth L. Campbell of the Superior Court of Justice, dated October 12, 2011.

ENDORSEMENT

[1] We are not persuaded that the motion judge erred in rendering summary judgment to enforce a California judgment against the appellant.

[2] The California complaint alleges causes of action in fraud, conversion and unjust enrichment against the appellant and other named parties. We agree with the motion judge that there was a real and substantial connection between those causes of action and California.

[3] The appellant relies on the rule that allows a party to resist enforcement of a foreign judgment on the ground that the jurisdiction of the foreign court was obtained by fraud. In our view, the appellant has failed to present any evidence capable of demonstrating fraud going to the jurisdiction of the California court. His central submission before us as to fraud was that the complaint in the California proceedings alleges that he signed the contracts between the plaintiff and the corporate defendant. However, when read as a whole, including the contracts which are attached, it is our view that there is no basis for the assertion that the complaint makes a fraudulent allegation that the appellant signed the contracts.

[4] What the appellant seeks to re-litigate are the details of his alleged participation in the fraudulent scheme that was alleged against him. Those facts have been determined by the California default judgment and cannot now be re-litigated under the guise of jurisdiction.

[5] Accordingly, the appeal is dismissed. Costs to respondent fixed at $12,500 inclusive of disbursements and H.S.T.

“Robert J. Sharpe J.A.”

“R.P. Armstrong J.A.”

“Paul Rouleau J.A.”