In Kriegman v. Dill, 2018 BCCA 86, Ken McEwan, Q.C. and David McEwan were successful for the appellant Trustee in Bankruptcy. The Court of Appeal overturned the decision of the Supreme Court setting aside the registration of a judgment of a Washington State Court against the respondent for over $1,550,000. The judgment was in respect of returns received from a cross border Ponzi scheme engaged in by a third party and centered in Spokane, Washington. The Court of Appeal outlined and applied the deferential approach to enforcing foreign judgments set out by the Supreme Court of Canada in Morguard Investments v. De Savoye (1990), Beals v. Saldanha (2003) and Chevron Corp. v. Yaiguaje (2015) and also addressed issues relating to the possible application of Part XIII of the Bankruptcy and Insolvency Act, as an alternative mechanism to deal with cross-border insolvencies. The Court of Appeal allowed the appeal and ordered the registration of the judgment.
This case has been featured in the April 2018 edition of Take Five, British Columbia (On Point Legal Research Publication). You can review counsel’s comments at Take Five British Columbia April 2018.