Is there a duty of due diligence on a party who seeks to challenge a judgment for fraud going to jurisdiction?

British Columbia, Canada


The following excerpt is from Lang v. Lapp, 2009 BCSC 638 (CanLII):

In Yeager v. Garner, 2007 BCSC 72, Madam Justice Humphries considered whether there was any duty of due diligence on a party who seeks to challenge a foreign judgment for fraud going to jurisdiction. Her Ladyship at para. 41 said this:

Other Questions


What is the scope of a defendant’s right to challenge a foreign judgment for fraud going to jurisdiction? (British Columbia, Canada)
What are the qualifications to challenge a judgement for fraud going to jurisdiction? (British Columbia, Canada)
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)
What steps must a party who resides in another jurisdiction take to be considered "substantive" in attorned to this court's jurisdiction? (British Columbia, Canada)
In what circumstances will the Court of Justice Huddart refuse to grant relief to a party who is seeking to set up his own fraud as a basis for relief? (British Columbia, Canada)
What is the impact of Justice Griffin's comments in the context of the Court of Appeal's decision in the case of the unsuccessful party seeking special costs against the successful party? (British Columbia, Canada)
Can an allegation of fraud or breach of trust be found where there has been a conviction or a finding of fraud by a judgment in a criminal or civil court? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Does a domestic court have jurisdiction to consider fraud in the foreign jurisdiction? (British Columbia, Canada)
Can a party invoke Rule 9-7 to seek judgment on only part of the case? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.