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ARTICLE · 27 APRIL 2022

Extra-territoriality: When Can A Foreign Court Transfer Title To Land In Canada?

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The Supreme Court of Canada has recently granted leave to appeal from the British Columbia Court of Appeal's decision in Lanfer v Eilers, 2021 BCCA 241.

CanadaLitigation, Mediation & Arbitration
Patricia Chehadé
Patricia Chehadé
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The Supreme Court of Canada has recently granted leave to appeal from the British Columbia Court of Appeal's decision in Lanfer v Eilers, 2021 BCCA 241 ("Lanfer"). The Plaintiffs/Appellants, the Lanfers, sought to enforce a foreign judgment granting specific performance for the transfer of land in British Columbia.

Facts

The Plaintiffs/Appellants are resident in Germany. They entered into an inheritance contract which provided that certain real property in Kelowna, British Columbia would be inherited by them upon the death of Herr Lanfer. However, in breach of the inheritance contract, the property in British Columbia was transferred to the Defendant/Respondent, Eilers (also a German resident), who refused to re-convey the property.

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