Case information
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39130
H.M.B. Holdings Limited v. Attorney General of Antigua and Barbuda
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-07-07 | Appeal closed | |
| 2022-07-05 | Correspondence (sent by the Court) to, the parties, RE: Certificate of Taxation | |
| 2022-07-05 | Certificate of taxation issued to, Steve J. Tenai | |
| 2022-07-05 | Decision on the bill of costs, in the amount of $7,237.84, Reg | |
| 2022-07-05 | Submission of the bill of costs, Reg | |
| 2021-12-29 | Bill of costs, (Book Form), Completed on: 2022-06-28, (Printed version filed on 2021-12-30) | Attorney General of Antigua and Barbuda |
| 2021-11-04 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2021-11-04 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2021-11-04 |
Judgment on the appeal rendered, CJ Ka Côt Row Kas, The appeal from the judgment of the Court of Appeal for Ontario, Number C66765, 2020 ONCA 12, dated January 9, 2020, heard on April 20, 2021, is dismissed with costs. Dismissed, with costs |
|
| 2021-05-05 | Transcript received, 79 pages | |
| 2021-04-20 | Judgment reserved OR rendered with reasons to follow | |
| 2021-04-20 |
Hearing of the appeal, 2021-04-20, CJ Ka Côt Row Kas Judgment reserved |
|
| 2021-04-19 | Supplemental document, (Book Form), Supplemental Book of Authorities, Completed on: 2021-04-19, (Printed version due on 2021-04-26) | Attorney General of Antigua and Barbuda |
| 2021-04-16 | Respondent's condensed book, (Book Form), (Printed version filed on 2021-04-16) | Attorney General of Antigua and Barbuda |
| 2021-04-14 | Appellant's condensed book, (Book Form), (Printed version filed on 2021-04-14) | H.M.B. Holdings Limited |
| 2021-04-09 | Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties | |
| 2021-03-31 | Certificate of counsel (attesting to record), (Letter Form), 24B, (Printed version filed on 2021-03-31) | Attorney General of Antigua and Barbuda |
| 2021-03-29 | Correspondence received from, (Letter Form), Appellant requests that additional counsel be permitted to appear at the hearing, (Printed version due on 2021-04-07) | H.M.B. Holdings Limited |
| 2021-03-29 | Notice of appearance, Lincoln Caylor, Nina Butz to appear before the Court ; Lincoln Caylor to present oral argument | H.M.B. Holdings Limited |
| 2021-03-26 | Correspondence (sent by the Court) to | |
| 2021-03-22 | Notice of appearance, Steve Tenai, Sanj Sood to appear before the Court ; Steve Tenai to present oral argument | Attorney General of Antigua and Barbuda |
| 2021-03-18 | Respondent's book of authorities, (Book Form), Completed on: 2021-03-29, (Electronic version filed on 2021-03-24) | Attorney General of Antigua and Barbuda |
| 2021-03-18 | Respondent's record, (Book Form), require: 24B, Incomplete, (Electronic version filed on 2021-03-24) | Attorney General of Antigua and Barbuda |
| 2021-03-18 | Respondent's factum, (Book Form), Completed on: 2021-03-29, (Electronic version filed on 2021-03-24) | Attorney General of Antigua and Barbuda |
| 2021-02-18 | Notice of hearing sent to parties | |
| 2021-02-18 |
Appeal hearing scheduled, 2021-04-20 Judgment reserved |
|
| 2021-02-02 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), by email 2021-02-03 | |
| 2021-01-25 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2021-01-26) | H.M.B. Holdings Limited |
| 2021-01-25 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-01-26) | H.M.B. Holdings Limited |
| 2021-01-25 | Appellant's book of authorities, (Book Form), Completed on: 2021-01-26, (Printed version filed on 2021-01-26) | H.M.B. Holdings Limited |
| 2021-01-25 | Appellant's record, (Book Form), (5 volumes), received: amended appellant's record, proof of service (electronic copy rec'd 2021-01-28, paper copy rec'd 2021-02-04), Completed on: 2021-01-26, (Printed version filed on 2021-02-04) | H.M.B. Holdings Limited |
| 2021-01-25 | Appellant's factum, (Book Form), Completed on: 2021-01-26, (Printed version filed on 2021-01-26) | H.M.B. Holdings Limited |
| 2020-11-23 | Notice of appeal, (Letter Form), Completed on: 2020-11-23, (Printed version filed on 2020-12-17) | H.M.B. Holdings Limited |
| 2020-11-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-11-13 | Judgment on leave sent to the parties | |
| 2020-11-12 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C66765, 2020 ONCA 12, dated January 9, 2020, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2020-08-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-07-06 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-07-06 | H.M.B. Holdings Limited |
| 2020-06-25 | Certificate (on limitations to public access), (Letter Form) | Attorney General of Antigua and Barbuda |
| 2020-06-25 | Notice of name, (Letter Form) | Attorney General of Antigua and Barbuda |
| 2020-06-25 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-06-25 | Attorney General of Antigua and Barbuda |
| 2020-04-30 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 04/30/20 | |
| 2020-03-09 | Certificate (on limitations to public access), (Letter Form) | H.M.B. Holdings Limited |
| 2020-03-09 | Notice of name, (Letter Form) | H.M.B. Holdings Limited |
| 2020-03-09 | Application for leave to appeal, (Book Form), Completed on: 2020-04-30 | H.M.B. Holdings Limited |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| H.M.B. Holdings Limited | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Antigua and Barbuda | Respondent | Active |
Counsel
Party: H.M.B. Holdings Limited
Counsel
Ranjan Agarwal
Nina Butz
3400 One First Canadian Place
P.O. Box 130
Toronto, Ontario
M5X 1A4
Telephone: (416) 863-1200
FAX: (416) 863-1716
Email: caylorl@bennettjones.com
Party: Attorney General of Antigua and Barbuda
Counsel
Sanj Sood
Brookfield Place
181 Bay Street, Suite 1800, P.O. Box 754
Toronto, Ontario
M5J 2T9
Telephone: (416) 863-1500
FAX: (416) 863-1515
Email: stenai@airdberlis.com
Agent
1400 - 340 Albert Street
Ottawa, Ontario
K1R 0A5
Telephone: (613) 566-2842
FAX: (613) 238-8775
Email: alenz@perlaw.ca
Summary
Keywords
Private international law - Foreign judgments - Recognition - Enforcement - What is the standard for “carrying on business” in enforcement cases under provincial enforcement legislation in Canada, and does this standard change when the debtor is a sovereign - What is the proper interpretation of “original judgment” in the Reciprocal Enforcement of Judgments Act, RSO 1990, c. R.5, and in what circumstances, if any, does this Act apply to judgments which themselves enforce or register a judgment?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In 2007, Antigua and Barbuda (Antigua), a country comprised of several islands in the Caribbean, expropriated property owned by H.M.B. Holdings Limited (HMB). The Judicial Committee of the Privy Council ordered Antigua to compensate HMB for the expropriation (Privy Council judgment) in 2014. In 2016, HMB brought an action in British Columbia to enforce the Privy Council judgment. Antigua did not defend this action and the British Columbia Supreme Court granted default judgment. HMB then brought an application in Ontario under the Reciprocal Enforcement of Judgments Act, RSO 1990, c. R.5 (REJA), to recognize the BC judgment which Antigua opposed. The Ontario Superior Court of Justice dismissed the application and a subsequent appeal was also dismissed.
Lower court rulings
Ontario Superior Court of Justice
2019 ONSC 1445, CV-18-597972-0000
Application to recognize and enforce foreign judgment in Ontario dismissed.
Court of Appeal for Ontario
2020 ONCA 12, C66765
Appeal dismissed.
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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