Archive for the ‘fraud’ Category

My New Paper: “Recognition and Enforcement of Foreign Judgments in Canada”

January 16, 2014

I’ll be speaking at the upcoming Ontario Bar Association Institute 2014, “Internationalizing Commercial Contracts” program and have prepared a paper entitled “Recognition and Enforcement of Foreign Judgments in Canada”. Here’s the abstract:

This paper provides an overview of the governing conflict of laws principles for the recognition or enforcement of foreign judgments, including an analysis of the recent Court of Appeal for Ontario decision in Yaiguaje et al. v. Chevron Corporation et al. and its implications for the recognition and enforcement of foreign judgments, generally. The issue of state immunity as an obstacle to foreign judgment enforcement is also considered.

A copy of the paper is available on SSRN here.

Trying to fake a judgment? What were the plaintiffs thinking?

February 1, 2013


[38] I have no hesitation in concluding that an award of full indemnity costs is required in the circumstances of this case. I find that the plaintiffs’ conduct, in faking a judgment of this court, constitutes a scurrilous and fraudulent attack on the administration of justice. The plaintiffs’ actions amount to a contemptuous and reckless disregard for the judicial process and were calculated to obstruct or interfere with the due course of justice in these proceedings. The plaintiffs’ behaviour was “reprehensible, scandalous and outrageous.” Such reckless attacks on the administration of justice clearly constitute conduct requiring chastisement and deterrence.

[39] I find that the defendants are entitled to full indemnity costs, payable by the plaintiffs D’Souza and D’Gama forthwith. Costs are awarded as follows:

Woldanskas $14,974.60

Linton/Jagielski $10,659.35

Gills $14, 617.97

inclusive of disbursements and HST.

[40] The plaintiffs are prohibited from taking any fresh step in these proceedings until these costs have been paid in full.

Master Dash Order

[41] There is a subsidiary issue involving an order of Master Dash on April 26, 2011, obtained without notice, granting leave to the plaintiffs to register a certificate of pending litigation against the Property (the CPL order). No CPL has been registered as yet.

[42] The plaintiffs have refused or been unable to produce the original of Master Dash’s order. The court record apparently contains no original order or endorsed motion record.

[43] It appears that the CPL order of Master Dash may also be a fake.

[44] In any event, it was obtained without notice. The noting in default of the Gills was improper and constituted sharp practice.

[45] In the circumstances, my order shall issue setting aside the CPL order of Master Dash dated April 26, 2011.

Read the decision of Penny J. in John Joseph AKA John D’Souza and Peter D’Gama v. Ritchie James Linton, et al. 2013 ONSC 70  here.

SHN Grundstuecksverwaltungsgesellschaft MBH & Co. Seniorenresidenz Hoppegarten-Neuenhagen KG v. Hanne

October 30, 2012

I briefly blogged about the Alberta Court of Appeal decision in  Grundstuecksverwaltungsgesellschaft MBH v. Hanne last year, mostly because I found the style of cause amusingly long.

If you think that’s a tongue-twister, check out the subsequent decision in SHN Grundstuecksverwaltungsgesellschaft MBH & Co. Seniorenresidenz Hoppegarten-Neuenhagen KG v. Hanne, 2012 ABQB 624 (CanLII).

Incidentally, Madam Justice Erb of the Alberta Queen’s Bench ultimately rejected the defendant, Dr. Hanne’s impeachment defences of fraud, natural justice and public policy and held that the German judgment was enforceable in Alberta:

“In this summary trial, the Plaintiff SHN Grundstuecksverwaltungsgesellschaft MBH & Co. Seniorenresidenz Hoppegarten-Neuenhagen KG, also known as SHN Grundstücksverwaltungsgesellschaft MBH & Co. Seniorenresidenz Hoppegarten-Neuenhagen KG (“SHN”) seeks an Order for recognition and enforcement in Alberta of a judgment issued by the Berlin Regional Court of Germany against the Defendant Dr. Juergen Hanne, also known as Dr. Jürgen Hanne (“Dr. Hanne”).

[98]           I find that this action is appropriate for summary trial; viva voce evidence was not required for the proper hearing of the issues and the test for enforcement of foreign judgments in Alberta has been satisfied and the defences raised by Dr. Hanne are without merit.

Disposition

[99]           Accordingly, there will be an Order recognizing and enforcing the German judgment in Alberta in the total amount of the Canadian equivalent of —1,056,800.25 and interest thereon which includes:

(i) Judgment of the German Regional Court, dated November 11, 2002, for —1,022,583.70 plus interest;

(ii) the order for costs of the German Regional Court, dated November 29, 2002 (and the subsequent order for correction dated January 13, 2003) in the amount of  —21,582.25 and interest thereon; and

(iii) Costs Decision of the German Appeal Court, dated September 26, 2006, for —12, 634.30 and interest thereon.”

[100]      If the parties cannot agree with respect to the calculation of interest, they may seek an order within 30 days. Costs may be spoken to if necessary.

 And now…for a musical interlude….Tongue Tied by GroupLove:

A New Email Phishing Scam: Extortion and Death Threat Edition

October 4, 2012
English: Depicting phishing of information fro...

English: Depicting phishing of information from a computer. (Photo credit: Wikipedia)

A firm colleague of mine recently received this nasty email which is a new variation on the Nigerian email scam. While most readers likely receive a number of phishing and spearphishing emails, this one signals a blunt, extortionate approach to internet phishing:

—–Original Message—–

From: Randy L. Cheng [mailto:rndlcheng@gmail.com]

Sent: Thursday, October 04, 2012 2:26 AM

To: undisclosed-recipients:

Subject: Your Life is at Stake

To your attention

I want you to read this message very carefully and that you keep the secret until further notice. You do not need to know who I am or where I come from. I was paid an advance of $30,000 to eliminate you. My sponsors one of which is what we can call an ex-convict that was convicted by your firm long ago gave me the reasons I noted. I am more than ten days and now I know that you are innocent of what you are accused because he was guilty of what he was convicted for by your firm. Do not try to warn or send this message to the FBI or the police because I know that I’ll have to do the job for which I was paid. Note that this is the first time that I betrayed my employer.

Look, I’ll do everything I can so that we can meet before but I need $15,000. You have nothing to be afraid of me, I can come see you in your office or home, it is up to you to decide. Never attempt recording or filming our upcoming meeting. you will pay $10,000 to the account I will tell you, this before our first meeting. Once payment is made, I will give you the file that contains the names and queries sponsors. This is a good evidence that can be used to sue if you wish.

The balance of the payment will be settled later.

For the moment this is not the trouble I give you my phone number because you will cooperate. I have your picture and other important information about you. I was involved with my team in the Yemen Arab Republic. You must not ask me any questions.

Quickly confirm for your good.

Affar Williams

While it reeks of desperation; is replete with grammatical, spelling and syntax errors; and uses a spoof email address, it is nonetheless disturbing.

Guest Post at Letters Blogatory: Lago Agrio Plaintiffs Enforcement Action in Canada

June 5, 2012
Chevron Corporation

Chevron Corporation (Photo credit: Wikipedia)

For those interested in the Chevron/Ecuador case, I have written a guest post over at Letters Blogatory on the recent enforcement action filed by the Lago Agrio plaintiffs in Ontario:  Guest Post: Comments on the Lago Agrio Plaintiffs Enforcement Action in Canada.

Thanks again to Ted Folkman at Letters Blogatory for inviting me to guest blog on this important case.

 

 


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