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Living in splendid isolation: 10 lessons learned enforcing an Ontario judgment in Mexico

Thursday, May 17, 2018 @ 9:31 AM | By Blair Bowen

This article presents a cautionary tale for any person who wishes to take legal proceedings against an individual or company resident in Mexico.

More than 25 years ago, the Supreme Court of Canada's decision in Morguard Investments Ltd. v. De Savoye [1990] 3 S.C.R. 1077 represented a sea change in the way Canadian courts recognized and enforced foreign judgments. Writing for the court, Justice Gérard La Forest rejected the centuries-old principles regarding recognizing and enforcing foreign judgments which were anchored in the concept of territoriality. He held...