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Nov 11, 2021

Aird & Berlis Successful at Supreme Court of Canada

Steve J. Tenai, Sanj Sood and Angela Swan

The Supreme Court of Canada (“SCC”) released its decision in H.M.B. Holdings Ltd. v. Antigua and Barbuda, 2021 SCC 44 upholding an Order obtained for The Attorney General of Antigua and Barbuda, dismissing efforts in Ontario under the Reciprocal Enforcement of Judgments Act (the “Act”) to enforce a default judgment against Antigua and Barbuda in British Columbia. The British Columbia judgment was an enforcement judgment of an award originally granted by the Privy Council. Under the Act, a judgment shall not be registered if, among other things, the judgment debtor did not carry on business in the jurisdiction where the judgment was rendered. The SCC agreed with the majority of the Ontario Court of Appeal and the application judged that the term “carrying on business” has the same meaning under the Act as under common law for jurisdiction simpliciter. The Attorney General of Antigua and Barbuda retained representatives in British Columbia to advertise and promote its citizenship by investment program. The SCC found that this did not amount to carrying on business in British Columbia.

Aird & Berlis represented Antigua and Barbuda with a team including Steve Tenai and Sanj Sood, with invaluable assistance from Angela Swan.

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