Chevron Corp. V. Yaiguaje, 2015 SCC 42

Chevron Corp. V. Yaiguaje, 2015 SCC 42

In this important decision, the Supreme Court of Canada confirmed that in recognition and enforcement proceedings, the plaintiff does not need to prove a "real and substantial connection" between the province and the defendant or the subject matter in order to establish jurisdiction simpliciter. The only pre-requisite is that the foreign court properly assumed jurisdiction.

The case involves an attempt to enforce an Ecuadorian judgment in Ontario against Chevron and Chevron Canada. Although Chevron Canada was a wholly-owned subsidiary of Chevron, it was not a party to the Ecuadorian case.

In reaching its decision, the Court noted that the purpose of a recognition and enforcement proceeding is not to evaluate the underlying claim, but to facilitate the enforcement of an already-adjudicated obligation. Such a purpose does not require proof of a real and substantial connection to the enforcing jurisdiction. Nor is it necessary