Debt Collection Law

Toronto Lawyers discuss the law of enforcing judgments in Ontario that were granted from outside Ontario (i.e. in the U.S.A).

Treble damages are a form of damages by which the amount of actual damages is calculated and then multiplied by three. This head of damages is created by statute and is intended to be punitive in nature. Treble-damages laws are common in many United States jurisdictions.

Can a judgment rendered in a corrupt foreign tribunal be enforced in Ontario? Where a litigant can raise enough evidence that the foreign tribunal was corrupt, and that the corruption influenced the outcome of the proceeding, the judgment will typically not be enforced. However, in order to make use of applicable defences at the recognition and enforcement stage, the litigant must raise evidence of actual corruption by the particular foreign tribunal during the foreign proceeding.

Case Comment: Old North State Brewing Co. v. Newlands Services Inc. One of the principal tenets of contract law is freedom of contract. It can be said with a fair degree of certainty that a court will have regard to the intentions of the parties when interpreting a valid contract. The circumstances where a court [...]

Recently, the Ontario Court of Appeal re-affirmed the principle that a judgment from the United States is usually enforceable in Canada, with very few and very limited exceptions.

This discussion will not focus on royalties received from intellectual property, presumably these can be seized by garnishment. The discussion will focus on the seizure of the intellectual property itself.

A Judge of the Ontario Superior Court of Justice recently ordered a former executive living in Ontario, to pay more than $200 million US dollars to aggrieved investors. The judgment is believed to be the highest ever awarded by a Canadian court. “To my knowledge, a judicial award of this magnitude is unprecedented in Canada”, said commercial litigator Gil Zvulony, the Toronto lawyer representing the investors. “The interest alone is almost $30,000 per day”.

Toronto Debt Collection Lawyer discusses how to collect debts by being persistent.