COURT FILE NO.: CV-21-00666031-0000

DATE: 20211117

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: SKYLINE ELECTRICAL SERVICES INC. Applicant

AND:

2478907 ONTARIO LTD. carrying on business as NOREL ELECTRIC Respondent

APPLICATION UNDER the Reciprocal Enforcement of Judgments Act, R.S.O. 1990, c. R.5, Section 2(1) and the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, Rule 14.05(2)

BEFORE: Mr. Justice Chalmers

COUNSEL: D. Bourassa, for the Applicant

No one appearing for the Respondents

HEARD: November 17, 2021, by teleconference

ENDORSEMENT

Overview

[1] This Application is for an order that the judgment dated December 8, 2020, and made by the Court of Queen’s Bench of Alberta, in favour of Skyline, against the Respondent, 2478907 Ontario Ltd. carrying on business as Norel Electric (“247”), in the amount of $231,308.60 (the “Judgment”), be registered in the Ontario Superior Court of Justice.

[2] The Respondent hired the Applicant to perform electrical work for two projects, the Deerfoot City Project and the Seton Cineplex. Both projects took place in Alberta. The Applicant completed the work. The Respondent failed to pay the Applicant. The Applicant brought an action against the Respondent in Alberta. The Respondent was served personally in Ontario, on November 25, 2020. The Respondent did not defend the Alberta action. On December 8, 2020, the Court of Queens Bench in Alberta granted default judgment against the Respondent in the amount of $231,308.60. The Respondent has not paid the Judgment. The time for appeal has expired.

[3] The Notice of Application was served on the Respondent on August 12, 2021. The Respondent did not respond to the Application and did not attend the hearing today.

Analysis

[4] The registration of extra-provincial judgments in Ontario is governed by the Reciprocal Enforcement of Judgments Act, R.S.O. 1990, c. R.5 (Act). If a judgment is granted in a reciprocating jurisdiction, the judgment creditor may apply to have the judgment registered in the Superior Court of Ontario. Alberta is a reciprocating jurisdiction.

[5] Section 3 of the Act sets out a list of circumstances that would prevent registration of a judgment in Ontario. The relevant subparagraphs include 3(a), (b), (c), and (e):

(a) the original court acted without jurisdiction; or

(b) the judgment debtor, being a person who was neither carrying on business nor ordinarily resident within the jurisdiction of the original court, did not voluntarily appear or otherwise submit during the proceedings to the jurisdiction of that court; or

(c) the judgment debtor, being the defendant in the proceedings, was not duly served with the process of the original court and did not appear, despite the fact that the judgment debtor was ordinarily resident or was carrying on business within the jurisdiction of that court or agreed to submit to the jurisdiction of that court; or

(e) an appeal is pending, or the judgment debtor is entitled and intends to appeal against the judgment.

[6] I am satisfied that the Alberta court had jurisdiction over the dispute. The contract was made in Alberta and the work was performed by the Applicant in Alberta. The Applicant was not paid for its work and therefore the damages were suffered in Alberta.

[7] The Respondent was contracting for business projects taking place in Alberta and was carrying on business within the jurisdiction of Alberta.

[8] The Respondent was served personally with the Statement of Claim in Ontario and did not defend the action in Alberta.

[9] The Respondent did not appeal the decision of the Alberta Court and the time for bringing an appeal has expired.

[10] The Applicant has established to my satisfaction, that there are no circumstances that exist that would prevent the registration of the Judgment in Ontario. I grant the relief sought and order that the Judgment shall be registered in the Ontario Superior Court of Justice.

[11] The Applicant is entitled to its costs of this Application. I award costs fixed in the amount of $3,000 inclusive of counsel fee, H.S.T. and disbursements.

[12] Order to go in accordance with the draft Order filed and signed by me.

DATE: November 17, 2021