Contextual Natural Justice

When defending against recognition and enforcement of a foreign judgment, natural justice of the foreign procedure must be evaluated from based on the Canadian standard of fairness: Beals v. Saldanha. As the decision of the Nova Scotia Supreme Court in Arcadia International v Janmeja, 2008 NSSC 91 illustrates, natural justice must be evaluated not only as the procedural rules under which a proceedings are commenced or conducted, but also the factual matrix in which such rules are applied.

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Taxonomy of Natural Justice

Another B.C. case dealing with enforcement of foreign judgments came to my attention today. It is a two-part decision by Mr. Justice Myers in Marx v. Balak. The first part addresses the defendant’s applications to refuse enforcement because of breaches of natural justice and fraud (2008 BCSC 195). The second addresses an application to stay or defer the proceeding while the defendant applies to set aside the original default judgment in Utah (2008 BCSC 222).