United States Securities And Exchange Commission v. Frederick L. Sharp (2024 BCSC 1688)

In United States Securities and Exchange Commission v. Frederick L. Sharp (2024 BCSC 1688) the Plaintiff security commission ("Commission") sought enforcement of a foreign judgment from the State of Massachusetts against the Defendant "Sharp" by summary judgment. Sharp's opposition was grounded on challenges to jurisdiction by the Massachusetts Court and arguing that he was not afforded natural justice.

In granting judgment to the Commission, the Court upheld the existing common law "real and substantial connection" test as the pertinent analysis for whether to recognize and enforce a foreign (and interprovincial) money judgment.

Sharp's submissions failed on all grounds. As to jurisdiction, the Court held that the issue to be considered is the connection between the foreign court and the cause of action/subject matter of the dispute, not necessarily the person – although that can be a factor. In terms of natural justice, the Court held that absent evidence of