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ARTICLE · 28 MAY 2019

To Defend Or Not Defend Oneself Before A Foreign Court? That Is The Question!

The Supreme Court of Canada has reminded us of the serious consequences of actions taken by a resident of Quebec prosecuted in a foreign court that recognize the jurisdiction of such court.

CanadaLitigation, Mediation & Arbitration

Barer v. Knight Brothers LLC 2019 SCC 13

The Supreme Court of Canada reminds us of the serious legal consequences of certain actions which a Quebec resident prosecuted in a foreign court may take and which a Quebec Court will later qualify as a recognition of the jurisdiction of such foreign court.

Summary:

Barer resides in Quebec. He was sued by Knight, an American company, in the State of Utah together with two companies he controlled, one of which, BEC, is an American company based in Vermont, the other one is a Canadian corporation. Knight claimed from them the difference between the price of a contract and additional work that Barer would have agreed to during a telephone conversation. Barer would have confirmed to Knight that the additional costs associated with the changes to the work order would be duly paid. Barer was not a party to the contract. Knight requested the lifting of the corporate veil on the grounds of fraud, unjust enrichment and delict.

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