If a party can have challenged a foreign court’s procedural defects in that foreign proceeding, can that party collaterally attack the foreign procedural process before the Canadian court at the enforcement stage?
British Columbia, Canada
The following excerpt is from The Resolution and Collection Corporation v. Nishiyama, 2016 BCSC 574 (CanLII):
Beals further establishes that if a party could have challenged the foreign court’s procedural defects in that foreign proceeding and failed to do so, the defendant will not be heard to collaterally attack the foreign procedural process before the Canadian court at the enforcement stage; Cabaniss v. Cabaniss, 2010 BCCA 348 at para. 49.
Furthermore, the British Columbia courts have stated that as substitutional service is commonly used in proceedings before domestic courts, the use of such service, without more, does not constitute denial of natural justice sufficient to forestall enforcement of a foreign judgment; Abokasem v. Benjamin, 2015 BCSC 2300 at para. 60.
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