Ontario's Top Court Refuses To Enforce Judgment Against Antigua And Barbuda

In a recent decision in H.M.B. Holdings Limited v. Antigua and Barbuda, 2020 ONCA 12, the Court of Appeal for Ontario upheld Mr. Justice Paul Perell's decision to dismiss H.M.B. Holdings Ltd.'s application to register its British Columbia judgment in Ontario against the Caribbean nations of Antigua and Barbuda. Specifically, the Court of Appeal held that the judge did not err in finding that Antigua was not "carrying on business" in British Columbia at the relevant time and therefore it did not have jurisdiction.

This case originated with a Judicial Committee of the Privy Council judgment that ordered Antigua to compensate HMB for the expropriation of its property. HMB then brought a common law action to enforce the Privy Council Judgment in British Columbia where the BC Supreme Court granted judgment in HMB's action.